(a) Where circumstances are exceptional and justice requires the City Planning Commission shall have the power to authorize such variances from the terms, provisions, or requirements of these regulations as will not be contrary to the public interest. Such variances shall be authorized only where the Planning Commission explicitly finds, beyond reasonable doubt that each of the following facts and conditions exists:
(1) “Practical difficulty or undue hardship”. Because of exceptional or extraordinary conditions pertaining to a specific piece of property, a literal enforcement of these regulations will result in practical difficulty or undue hardship that is unnecessary to the achievement of public purposes.
(2) “Exceptional circumstances”. The exceptional or extraordinary conditions that occasion the request for a variance are peculiar to the property in question and are not applicable generally to other properties of the same landslip potential or size category.
(3) “Equal rights”. Granting of the requested variance will not confer on the appellant any special privilege that is denied to other properties in the same landslip potential or size category, while literal interpretation of these regulations would deprive the appellant of rights commonly enjoyed by other properties of the same landslip potential or size category.
(4) “Minimum variance”. The variance granted is the minimum variance required to make possible the reasonable development of the land.
(5) “Absence of detriment”. The authorizing of such variance will not result in substantial detriment to the property being developed or to other properties and will be in harmony with the general intent and purpose of these regulations and with the public interest.
(6) “Not of a general nature”. The special condition of the property that creates the hardship or difficulty is specific to that property and is not of so general or recurrent a nature within the jurisdiction of the City of Marietta as to make reasonably practicable the formulation of a general regulation to apply to such condition or situation.
(b) A petition for a variance shall include all of the material required in Section 1153.05 “Plan Content” as well as a written statement in the terms of paragraph (a) of this Section of the reasons for requesting a variance. Such petition shall be filed with the City Planning Commission, which shall fix a reasonable time for a hearing, shall give thirty (30) days public notice, as well as written notice to owners of adjacent properties. Where the request for variance involves any alteration of a watercourse or stream or the flow of water therein, written notice shall also be conveyed to the owners of the three (3) next lower riparian properties under wholly different ownership. Each petition shall be accompanied by a fifty dollar ($50.00) fee payable in cash or by check to the City of Marietta. At the hearing, any person may appear in person or be represented by authorized agent or attorney. Such agents or attorneys shall present competent evidence of the extent of their authorization. All witnesses shall testify under oath. The Planning Commission shall decide the request within 45 days following the hearing.
(Ord. 114(00-01). Passed 9-21-00.)
(Ord. 114(00-01). Passed 9-21-00.)
(c) In authorizing a variance, the City Planning Commission may attach thereto such conditions regarding the location, character, and other features of the proposed developments as it may deem necessary in the furtherance of the purposes of these regulations and in the public interest. If the Planning Commission attaches conditions to a variance, it may request the City Engineer to require such evidence, guarantee, bond, surety, or security as he may deem necessary to enforce compliance with such conditions.
(d) Should a variance be granted there shall be a twenty dollar ($20.00) fee payable in cash or by check to the City of Marietta for the issuance of a Certificate of Variance.
(e) In exercising its power, the Planning Commission may, in conformity with the provisions of statute and of these regulations, reverse or affirm, wholly or partly, or may modify the variance and or its conditions, requirement, decision, or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the office from whom the appeal is taken.
(f) Any person or persons, jointly or severally aggrieved by any decision of the City Planning Commission with respect to the granting or denial of a variance requested under this section, or any taxpayer, may present to the Court of Common Pleas of Washington County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision with the Clerk of the City Planning Commission.
(Ord. 246(98-99). Passed 12-31-99.)