(a) The Planning Commission may grant a variance to this regulation as provided herein in conformance with the procedures set forth in Section 1262.03. In granting a variance, the following conditions shall apply:
(1) In determining whether there is an unnecessary hardship with respect to the use of a property or practical difficulty with respect to maintaining the riparian setback established in this regulation, such as to justify the granting of a variance, the Planning Commission shall consider the potential harm or reduction in riparian functions that may be caused by a proposed structure or use.
(2) Variance shall be void if not implemented within one (1) year of the date of issuance.
(b) In making a determination under Section 1540.09(a) of this regulation, the Planning Commission shall consider the following:
(1) The natural vegetation of the property as well as the percentage of the parcel that is in the 100-yr. floodplain. The criteria of Chapter 1472, Flood Damage Prevention, may be used as guidance when granting variances in the 100-yr. floodplain.
(2) The extent to which the requested variance impairs the flood control, erosion control, water quality protection, or other functions of the riparian setback. This determination shall be based on sufficient technical and scientific data.
(3) The degree of hardship, with respect to the use of the property or the degree of practical difficulty with respect to maintaining the riparian setback as established in this regulation, placed on the landowner by this regulation and the availability of alternatives of the proposed structure or use.
(4) Soil-disturbing activities permitted in the riparian setback through variances should be implemented to minimize clearing to the extent possible and to include procedures necessary to minimize erosion and control sediment.
(5) The presence of significant impervious cover, or smooth vegetation, such as maintained lawns, in the riparian setback compromises its benefits to the City of Pepper Pike. Variances should not be granted for asphalt or concrete paving in the riparian setback. Variances may be granted for gravel driveways when necessary.
(6) Whether a property, otherwise buildable under the ordinances of the City of Pepper Pike, will be made unbuildable because of this regulation.
(c) In granting a variance under this regulation, the Planning Commission, for good cause, may impose such conditions that it deems appropriate to maintain the purposes of this regulation and to mitigate any necessary impacts in the riparian setbacks permitted by variance. In determining appropriate mitigation, the Planning Commission may consult with the City Engineer or other agencies including Cuyahoga SWCD.
(Ord. 2013-17. Passed 9-25-13.)