§ 114.21 VARIANCE.
   (A)   A variance from the requirements of §§ 114.12(W), 114.13(B), 114.13(E)(5), 114.13(M), and 114.15(M) may be sought by submitting a written request to the Director of Planning. The request must include the following:
      (1)   Description of the requested variance and an explanation of why it should be granted;
      (2)   Description of alternatives considered and why each is not the preferred alternative;
      (3)   Description of the economic consequences if the variance is not granted;
      (4)   Description of how the level of health, safety and welfare of the public will be maintained if the variance is granted; and
      (5)   A site plan of the site visually depicting the requested variance if the request for the variance involves the location or orientation of persons or property.
   (B)   The Director of Planning shall review the application and may approve or conditionally approve the variance, or may place the variance request on the City Council agenda for consideration. In considering the variance, the Director of Planning or the City Council may take into account the following:
      (1)   Whether the operations proposed are safe and reasonable under the circumstances and conditions prevailing in the area, considering the particular location and the character of the improvements located there;
      (2)   How the operations proposed compare to available alternatives;
      (3)   Whether the operations proposed would conflict with the orderly growth and development of the city;
      (4)   The economic consequence if the variance is not granted;
      (5)   Whether the operations proposed adequately protect the health, safety and welfare of the public; and
      (6)   Whether the operations proposed provide acceptable access for fire personnel and fire fighting equipment.
   (C)   Approval of a variance requires that a minimum of four City Council members vote in favor of the approval. The details of each action granting or denying the requested variance shall be recorded and entered in the files of the City Secretary, and the Director of Planning shall forward a letter to the applicant stating whether the City Council has approved or denied the variance request and listing any conditions placed upon an approval.
(Ord. OR-1942-15, passed 3-23-15)