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(A) When Acceptable: When it is in the public interest, the development services director, or the duly appointed representative, may consider and render decisions on the following minor deviations involving slight modifications to the provisions of this title: (Ord. 1474, 1-8-1991; amd. Ord. 1654, 6-25-2013)
1. The reduction of the lot area or the minimum size of the dwelling unit requirements by not more than ten percent (10%) of that required in the zone for not more than one lot or dwelling unit in a development.
2. The modification of the end stalls of automobile parking space turning radius not less than twenty two feet (22') and reduction in size dimension up to twenty percent (20%) of a loading berth.
3. The modification of the height of a fence, wall and hedge regulations up to twenty percent (20%).
4. The modification of the height requirement of uncovered patios, terraces, swimming pools, stairways, or other landings, encroaching into required yard setbacks.
5. The modification of maximum building coverage not greater than five percent (5%) over the permitted coverage.
6. The modification of minimum dwelling unit area not greater than five percent (5%) of the required area.
7. The modification of rear and side yard setbacks not to exceed ten percent (10%).
8. Front yard modifications may also be granted when the irregular shape of a lot prohibits the required front and rear yards. In such cases, the front and rear yards shall be an average setback.
9. The modification of parcel width and/or parcel frontage by not more than ten percent (10%) of that required in the zone for not more than one lot within a parcel map. (Ord. 1474, 1-8-1991)
(B) Conditions: In granting a minor deviation, all the conditions set forth in subsection 10-3-5(B) of this chapter shall be made by the development services director, or the designee, and conditions may be imposed. A decision shall be made in writing within twenty (20) days after the filing of the application. One copy shall be mailed to the applicant.
(C) Development Services Director Consideration Discretionary: The development services director, or the duly appointed representative, may consider and determine any matter within the scope of this section or refer such matter to the commission for its determination.
(D) Application And Fee: Application for a permit shall be filed with the development services department on a form furnished by said department, accompanied by a site plan and a fee established by the city council by resolution, no part of which may be refunded. When the applicant is not the owner of the property, the written authorization of the owner shall accompany the application. The application shall not be accepted for filing by said department unless it conforms to the filing requirements established by the commission.
(E) Notification Of Adjacent Property Owners: The development services director or an authorized representative shall contact adjacent property owners and shall advise of the applicant's request. A five (5) day period shall be provided for response from adjacent property owners.
(F) Appeals From Determinations: If the applicant or adjacent property owner is dissatisfied with the decision, the decision may be appealed to the commission within ten (10) days after the decision is rendered. Such appeal shall be in writing and shall be filed with the secretary of the commission. Upon the receipt of such appeal, the secretary of the commission will establish the date, time and place to hear such appeal. The commission, upon receipt of the development services director's action, may require said minor deviation to be presented at a public hearing before the commission. No permits shall be issued until the planning commission concurs with the staff's action. The decision of the planning commission is appealable to the city council within ten (10) days of the commission's decision. (Ord. 1474, 1-8-1991; amd. Ord. 1654, 6-25-2013)