(A) Requests for a variance or appeal shall be filed with the City Clerk-Treasurer on an official application form. Such application shall be accompanied by a fee as established by City Council resolution. Such application shall also be accompanied by ten copies of detailed written and graphic materials necessary to the explanation of the request.
(B) Upon receiving said application, the City Clerk-Treasurer shall refer the application, along with all related information, to the City Council.
(C) The City Council shall consider the variance at its next regular meeting unless the filing date falls within 15 days of said meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting.
(D) The applicant or a representative thereof shall appear before the City Council in order to answer questions concerning the proposed variance request.
(E) The variance application shall be referred to the city staff and City Engineer for a report and recommendation to be presented to the City Council. A preliminary draft of report and recommendation shall be given to the City Council at least seven days prior to the meeting in which said report and recommendations are to be presented. The final report and recommendations to the are to be entered in and made part of the permanent written record of the City Council meeting.
(F) The city staff and City Engineer shall have the authority to request additional information from the applicant concerning the variance or to retain expert testimony with the consent and at the expense of the applicant concerning said variance where said information is declared necessary to insure preservation of health, safety, and general welfare.
(G) The City Clerk-Treasurer shall set a date for a public hearing. Notice of such hearing shall be published in the official newspaper at least ten days prior to said hearing and individual notices shall be mailed not less than ten days nor more than 30 days prior to the hearing to all owners of property within 150 feet of the parcel included in the request, excluding roadways.
(H) Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this chapter.
(I) The City Council shall make findings of fact and establish such conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter and to protect the public health, safety, and welfare.
(J) The City Council shall decide whether to approve or deny a request for a variance or an appeal within 30 days after the public hearing on said request.
(K) A variance of this chapter or grant of an appeal shall be by majority of the full City Council.
(L) The City Clerk-Treasurer shall notify the originator of the variance request or appeal of the City Council’s decision in writing.
(Ord. 19-2, passed 4-11-2005) Penalty, see § 153.999