(a) Any applicant seeking a variance to the requirements imposed under this Chapter 1442, or an appeal of an administrative decision made pursuant to this chapter, other than a decision of the Planning and Zoning Commission, may apply for such variance to and/or appeal such administrative decision to the Planning and Zoning Commission of the City of Kirtland subject to the following.
(1) When filing an application for an appeal of an administrative decision, the applicant shall file within 20 days of the administrative official’s decision a notice of appeal with the administrative official specifying the specific error(s) made by the administrative official. 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 and/or variances made under this chapter 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. In the case of an appeal, a description of the administrative decision being appealed including the specific error(s) alleged to have been made by the administrative official;
G. In the case of a variance request, identification of the specific regulation from which a variance is sought along with a statement of why compliance with the regulation imposes an unnecessary hardship or difficulty; and
H. The information required under § 1442.04 of this chapter.
(4) Applications for appeals of an administrative decision and/or variances 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 demonstrates to the Planning and Zoning Commission either of the following:
A. Newly discovered evidence that could not have been presented with the original application; or
B. Evidence of a substantial change in circumstances since the time of the original application.
(5) A decision by the Planning and Zoning Commission made in response to an application for a variance request or an appeal of an administrative decision filed pursuant to this chapter shall be final.
(Ord. 07-O-36, passed 11-7-2007; Am. Ord. 17-O-20, passed 7-3-2017)