(a) Any applicant seeking a variance to the conditions imposed under this regulation or an appeal to an administrative decision made under this regulation, other than a decision by the Planning and Zoning Commission, may apply to or appeal to the Planning and Zoning Commission. The following conditions shall apply.
(1) When filing an application for an appeal to an administrative decision, the applicant shall file a notice of appeal specifying the grounds therefor with the administrative official within 20 days of the administrative official’s decision. Upon determining that the application is complete and upon receipt of the required fee as stated in the Fee Schedule in § 236.07 of the City of Kirtland Codified Ordinances, the administrative official shall transmit to the Planning and Zoning Commission the application and a transcript constituting the record from which the administrative decision subject to appeal was based. This transmission shall occur no less than 14 days prior to a regularly scheduled meeting of the Planning and Zoning Commission in order to be placed on the agenda for that meeting.
(2) When applying for a variance, the applicant shall file a variance request with the Planning and Zoning Commission.
(3) Applications for appeals or variances made under § 1294.10(a)(1) or (a)(2) of this regulation shall contain the following information:
A. The name, address and telephone number of the applicant;
B. Proof of ownership or authorization to represent the property owner;
C. The location of the property, including street address and permanent parcel number;
D. The current zoning of the property;
E. A description of the project for which the appeal or variance is sought;
F. A description of the administrative decision being appealed or the conditions of the regulation from which a variance is sought; and
G. Names and addresses of each property owner within 500 feet as shown in the current records of the Lake County Auditor typed on gummed labels.
(4) Applications for variances or appeals of administrative decisions shall not be resubmitted to the Planning and Zoning Commission within one year of the date of a final decision by the Planning and Zoning Commission on the original application, unless the applicant shows the Planning and Zoning Commission either of the following:
A. Newly discovered evidence that could not have been presented with the original submission; or
B. Evidence of a substantial change in circumstances since the time of the original submission.
(b) A decision by the Planning and Zoning Commission in response to an application for a variance request or an appeal of an administrative decision filed pursuant to § 1294.10(A) of this regulation shall be final.
(Ord. 02-O-33, passed 7-8-2002; Am. Ord. 17- O-20, passed 7-3-2017)