A. Application Procedure:
1. Application: Any property owner desiring to vacate an existing subdivision public right of way or easement, or desiring to dedicate a street right of way or easement, shall complete and file an application with the commission and also file such other applications as are otherwise required by law. These provisions shall not apply to the widening of any street which is shown in the comprehensive development plan, or the dedication of streets, rights of way, or easements to be shown on a recorded plat of a subdivision.
2. Council Action:
a. When considering an application for vacation procedures, the council shall establish a date for a public hearing and give such public notice as required by Idaho law. The council may approve, deny, or modify the application. Whenever public rights of way or lands are vacated, the council shall provide adjacent property owners with a quitclaim deed for said vacated rights of way in such proportions as are prescribed by Idaho law.
b. When considering an application for dedication procedures, the council may approve, deny, or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the council a deed describing and conveying such lands to be recorded with the county recorder.
B. Purpose Of Variances: The commission may recommend to the council a variance from the provisions of this chapter on a finding that undue hardship may result from strict compliance with specific provisions or requirements of this chapter or that application of such provisions or requirements is impracticable. The commission shall only recommend variances that it deems necessary to or desirable for the public interest. In making its findings, the commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be recommended unless the commission finds after a public hearing that:
1. There are such special circumstances or conditions affecting said property that the strict application of the provisions of this chapter would clearly be impracticable, or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provisions or requirement involved;
2. The granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated;
3. Such variance will not violate the provisions of the Idaho Code; and
4. Such variance will not have the effect of nullifying the interest and purpose of this chapter and the comprehensive development plan. (Ord. 734, 4-18-1995; amd. Ord. 830, 8-6-2002)