A. Requests for a variance or appeal shall be filed with the city administrator on an official application form. Such application shall be accompanied by a fee as established by city council resolution. This fee shall not be refunded. Unless modified by the zoning administrator, such application shall also be accompanied by fifteen (15) copies of detailed written and graphic materials necessary for the explanation of the request, and a list of property owners located within five hundred feet (500') of the subject property obtained from and certified by an abstract company.
B. The applicant shall be considered as being officially submitted complete when the applicant has complied with all the specified informational requirements, which shall include the following:
1. A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in this section.
2. Supporting materials as determined by the zoning administrator as applicable to be necessary for the complete and clear definition and understanding of the request.
3. Upon receipt of a complete application, as determined by the zoning administrator, the city clerk shall set a public hearing following proper hearing notification. The planning commission shall conduct the hearing and report its findings and make recommendations to the city council. Notice of said hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least ten (10) days prior to the hearing. Written notification of said hearing shall be mailed at least ten (10) days prior to all property owners of land within five hundred feet (500') of the boundary of the property in question.
4. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this title.
5. The zoning administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation on action to the city council.
6. Unless excused by the planning commission chair, the applicant or a representative thereof shall appear before the planning commission to answer questions concerning the proposed variance.
7. The planning commission shall make findings of fact and recommend approval or denial of the request. The commission's recommendation and the city staff's report shall be presented to the city council.
8. The city council shall not act upon the variance until the planning commission has held a public hearing on the request. The city council shall act upon the request within sixty (60) days from the date of submission.
9. Upon receiving the report and recommendation of the planning commission and the city staff, the city administrator shall schedule the application for consideration by the city council. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.
10. If, upon receiving said reports and recommendations of the planning commission and city staff, the city council finds that specific inconsistencies exist in the review process and thus the final determination of the city council may differ from that of the planning commission, the city council may, before taking final action, refer the matter back to the planning commission for further consideration. The city council shall provide the planning commission with a written statement detailing the specific reasons for referral. This procedure shall be followed only one time on a singular action.
11. The city council shall make findings of fact and approve or deny a request for variance within thirty (30) days after the close of the public hearing on the request.
12. A variance of this title shall be by four-fifths (4/5) vote of the full city council.
13. In granting any variance under the provisions of this title, the city council shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provisions to which the adjustment or variance is granted, as to light, air, and the public health, safety, comfort, convenience and general welfare. (Ord. 673, sec. 1, 7-17-2000)