(a) All variances involving structure size, lot size, street width and/or commonly owned adjacent land, shall be referred to the Board of Zoning Appeals in accordance with Chapter 1272.
(b) A request for a variance equal to or less than five percent of one of the remaining required standards of these regulations may qualify for an administrative variance procedure. An affirmative finding of extraordinary and unnecessary hardship must be made for granting of all such variances.
(c) Where the City Manager, Development Services Director, or the Engineer finds that extraordinary and unnecessary hardship may result from strict compliance with these regulations, exceptions may be granted to relieve such hardship, provided that such relief may be granted without detriment to the public interest and without impairment to the intent and purpose of the regulations or the desirable development of the neighborhood and the community. Such variances shall not have the effect of nullifying the intent and purpose of these regulations or the Zoning Ordinance.
(d) The City Manager, Development Services Director, or the Engineer shall write the administrative variance, shall find that extraordinary and unnecessary hardship may result from strict compliance with these regulations and shall document the hardship. A copy of the administrative variance shall be furnished to the Service Committee of Council. Adjacent property owners will be notified in advance of the variance proposed and at least ten days in advance of any meeting wherein a decision will be made. Any response to such notice indicating opposition shall cause the variance request to be submitted to the Board of Zoning Appeals as a standard variance request in accordance with this chapter.
(Ord. 2014-27. Passed 8-5-14.)