(A) Application distributed. When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall distribute the application and exhibits to any applicable city staff, officials and other government agencies for review and comment.
(B) Hearing on the application.
(1) When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall set the date for a public hearing and shall give all required notice in compliance with § 153.020.
(2) The Planning and Zoning Commission shall hold the public hearing and may table the application for further investigation if necessary.
(C) Review and decision.
(1) Following the public hearing, the Planning and Zoning Commission shall recommend approval, conditional approval or denial of the subdivision variance request and shall transmit the request and application along with its recommendations to the City Council.
(2) Upon receiving a recommendation from the Planning and Zoning Commission, the City Council shall review and approve, approve conditionally or deny the variance application by majority vote.
(3) The City Council shall state, in writing, its findings for approval or denial, as well as any conditions of approval.
(D) Criteria for review. In considering the subdivision variance application, the City Council shall consider the following factors:
(1) The requested subdivision variance is in harmony with the general purposes and intent of this chapter;
(2) The requested subdivision variance is consistent with the comprehensive plan and all other applicable city plans;
(3) The applicant has established that there are special circumstances or conditions, such as topography, drainage, or other natural occurring characteristics, affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land; and
(4) The impact the variance will have on the public health, safety and welfare of other property in the vicinity in which the property is situated.
(Ord. 879, passed 10-28-2020)