(A) When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this subchapter occur through a strict interpretation of the provisions hereof, the Planning Commission may, in the manner provided in this section, upon the application of any property owner, recommend to the City Council the granting of a variance from the terms of this subchapter as it deems to be necessary to assure that its spirit and purpose will be observed, public safety and welfare secured, and substantial justice done.
(B) Whenever required by the provisions of this subchapter, or whenever deemed advisable by the Planning Commission or the City Council, a public hearing shall be held on an application for a variance. Not less than ten days before such public hearing, notice shall be given of such hearing in the following manner:
(1) By one publication in a newspaper of general circulation in the city. Such notice shall state the name of the applicant, nature of the request, location of the property, the environmental determination, and the time and place of the action or hearing.
(2) Direct mailing to the owners and occupants of property located within 300 feet of the boundaries of the project site, as shown on the latest equalized assessment roll.
(3) In addition, notice shall also be given by first class mail to any person who has filed a written request with the Community Development Department. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.
(4) Substantial compliance with these provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter.
('61 Code, § 10-4.302) (Ord. 84 C.S., passed 11-3-65; Am. Ord. 618 C.S., passed 3-16-94)