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A. Filing. An application for a Variance or Minor Variance shall be filed and processed in compliance with Chapter 10.82 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Variance or Minor Variance applications, together with the required fee in compliance with the Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.98.050 (Findings and Decision), below.
B. Project Review Procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.
C. Notice, Hearings, and Appeals.
1. Variances - Public Hearing Required. A public hearing shall be required for the Commission's decision on a Variance application.
a. Notice. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings).
b. Appeals. The Commission's decision is appealable to the Council in compliance with Chapter 10.114 (Appeals).
2. Minor Variances - Public Hearing Not Required. Before a decision on a Minor Variance application, the City shall provide notice in compliance with this Section.
(1) Upon receipt of a complete application for a Minor Variance, the City shall send a notice of application review to the applicant/property owner and all property owners located within a 100-foot radius of the subject site. The notice shall include a description of the project, location, and request, and shall indicate the date a decision will be made. The date shall be no later than 10 days following release of the notice.
(2) Those receiving notice shall be given the opportunity to submit written comments supporting or opposing the request to the Director.
(3) Following the Director’s decision on the Minor Variance request, a copy of the decision shall be mailed to those who received the original notice. The notice of decision shall include information regarding the action taken, findings, and conditions for the action as applicable, along with the appeal period and the provisions for filing an appeal to the Commission in compliance with Subparagraph b. (Appeals), below.
b. Appeals. The Director’s decision is appealable to the Commission in compliance with Chapter 10.114 (Appeals). (Ord. 935 § 3 (part), 2015)