A. Application For Variance; Fee Required:
1. Every application for a variance shall be filed with the administrator on a prescribed form. Every variance application shall also be filed with the soil and water conservation district as per state law 1 . The administrator shall promptly transmit said application, together with any advice he might wish to offer, to the board of appeals.
2. The application shall contain sufficient information to allow the board to make an informed decision, and shall include, at a minimum, the following:
a. Name and address of the applicant;
b. Brief description/explanation of the requested variance;
c. Location of the structure/use for which the variance is sought;
d. Relationship of said structure/use to existing structures/uses on adjacent lots;
e. Specific section(s) of this title containing the regulations which, if strictly applied, would cause a serious problem; and
f. Any other pertinent information that the administrator may require. A filing fee is required.
B. Public Hearing; Notice: The board of appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted thereto. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing and nature of the proposed variance shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:
1. By first class mail to the applicant and to all parties whose property abuts the property for which the variance is requested.
2. By publication in a newspaper of general circulation within the city.
C. Standards For Variance: The board of appeals shall not recommend nor shall the council grant any variance unless, based upon the evidence presented to them, they determine that:
1. The proposed variance is consistent with the general purposes of this title; and
2. Strict application of the district requirements would result in great practical difficulties or hardship to the applicant and prevent a reasonable return on the property; and
3. The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardships and allow a reasonable return on the property; and
4. The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, the variance would be more appropriately a remedy than an amendment (rezoning); and
5. The variance, if granted, will not alter the essential character of the area where the premises in question is located.
D. Advisory Report; Council Decision: Within a reasonable time after the public hearing, the board of appeals shall submit an advisory report to the council. The council may grant a variance by simple majority vote of all members then holding office and shall act on the requested variance at their next regularly scheduled meeting following submission of the advisory report of the board of appeals. In accordance with state law, the council shall specify the terms of relief granted (if any) in one statement and their findings of fact in another statement. The findings of fact shall clearly indicate the council's reasons for granting or denying any requested variance. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)
Notes
| 1 | 1. 70 ILCS 405/22.02a. |