(A) Types. Property owners seeking relief from this chapter may request an administrative variance; provided that, the property is zoned R-1 or R-2 and either of the following is applicable:
(1) The request concerns setbacks; the variance amount is within 25% of code requirements; and approval of the variance does not result in a setback of less than five feet; and
(2) The request is related to a pre-existing, non-conforming driveway or curb cut.
(B) Review procedures. The Director of Community Development will review administrative variance requests. In order to be approved, the variance request must meet the criteria as stated in § 160.466 of this chapter. If all of the criteria are met and approval is granted, the adjacent property owners must be notified by mail of the preliminary approval and allowed ten days to respond to the decision. Absent any opposition from adjacent property owners, the Planning Commission shall review the administrative variance request at the following regularly scheduled meeting.
(C) Denial and appeals. If the Director chooses to deny a request, or if either the adjacent neighbors or the Planning Commission disagrees with administrative approval of a variance request, the request is denied administratively and the applicant may choose to request a formal variance from the Planning Commission.
(D) Fees. Administrative variances fees are set according to the city’s approved fee schedule.
(Prior Code, § 1125.02) (Ord. 725, passed 02-09-2004; Ord. 752, passed 09-13-2004; Ord. 756, passed 01-24-2005; Ord. 861, passed 09-22-2011)