The city may grant variances from the provisions of this chapter in instances where an applicant shows that strict adherence to the regulations would cause hardship because of circumstances unique to the individual property.
(A) The applicant shall establish that conforming to the strict letter of the regulations of this chapter would create a unique and particular hardship.
(1) The hardship must be peculiar to the property as compared to other property subject to the same regulations.
(2) The hardship is more than an inconvenience to the property owner.
(3) The hardship relates to physical characteristics of the lot or parcel such as size, shape or unusual terrain which would prohibit reasonable development on the site equivalent to that generally allowed on other standard lots in the same district which have no unusual configuration.
(4) The hardship is not the result of actions by the applicant or current landowner.
(5) The hardship is not based solely on economic expectations.
(B) A variance may be granted if to deny the variance would deprive the property owner substantial property rights commonly enjoyed by other property owners in the same district.
(C) The variance shall not impair the health, safety, comfort and general welfare of the public, nor shall it substantially increase congestion of public streets.
(D) The variance shall not be contrary to the intent and purpose of this chapter, the Comprehensive Plan, and any other ordinances of the city.
(E) Other considerations:
(1) Whether other variance requests of a similar nature were approved by the Council and are consistent with the requested variance;
(2) Whether the variance requested is greater than necessary to accomplish the owner’s objective;
(3) Whether allowable alternatives exist that would not require a variance or would create less impact on neighboring properties;
(4) Whether the variance will allow a condition that is consistent with the surrounding neighborhood (areas developed under different standards or different requirements than current regulations allow);
(5) Whether the variance will improve an existing nonconforming condition, without major demolition and reconstruction.
(F) Variances shall not be granted to allow a use that is not otherwise allowed.
(G) The Council may impose conditions to insure compliance and protect adjacent properties.
(H) Application and procedure:
(1) Site plan. The applicant for a variance shall provide a site plan showing lot lines, structures, dimensions, public streets and a specific drawing of the requested variance, including existing conditions, existing regulations affecting the proposed activity, and the requested variance.
(2) Notice of hearing. The Zoning Administrator shall, at least 10 days before the hearing date set by him or her, insert a notice in the official newspaper and have the same published once at least 10 days prior to the date of hearing. He or she shall also mail the notice to the appellant and any other known interested parties.
(3) Hearing. The hearing before the Planning Commission shall occur within 30 days after the filing of the application.
(a) Any party may appear in person or by attorney at the hearing.
(b) The Planning Commission shall keep a complete record of its proceedings, including minutes of its meetings.
(c) Within 5 days after the Planning Commission’s decision on the application, the Commission shall file with the Council its findings of fact, the specific conditions of the site that justify or do not justify a variance, and their conclusions and order. At its next regular or special meeting, the Council shall consider the Commission’s conclusions and order; may modify or amend the order in any respects; shall adopt the order as modified, amended, or recommended by the Commission; and shall direct that the order as adopted be served by mail forthwith upon the appellant and other parties known to be interested or heard at the hearing.
(d) The order as adopted by the Council shall be final and binding upon all parties, subject only to judicial review.
(Ord. 109, 5th Series, passed 6-3-1999)