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A. The commission shall, not less than ten days after the legal notice of a public hearing on a variance application, hold the public hearing.
B. The commission shall announce its decision by resolution at a regular meeting or scheduled special meeting within forty days after the conclusion of the hearing. The resolution shall approve, approve with stated conditions, or disapprove the application and shall set forth findings in support of the decision. For approval, the conditions listed in Section 20.84.020 shall be found.
C. A copy of the resolution shall be mailed to the applicant at the address shown on the application.
(Prior code § 19.84.030(5) (Ord. 557 § 407(B)(5), 1964))
A. The commission, in approving a variance, may set forth in its resolution reasonable conditions which shall assure the intent and purpose of this title.
B. The time limit of one year for occupancy or construction shall be assumed unless some other period is established.
(Prior code § 19.84.030(6) (Ord. 557 § 407(B)(6), 1964))
A. The decision of the commission shall be final unless an appeal to the council is filed within fifteen days of the date of the commission's decision. Such an appeal may be initiated by the applicant or an interested party owning property within three hundred feet of the external boundaries of the subject property.
B. The council, upon receipt of an appeal, if it finds that the facts stated by the applicant in his written notice of appeal do not warrant a further hearing, shall affirm the action of the commission and deny the appeal.
C. The council, upon determining that an appeal is for good cause warranted, shall enter such decision upon the minutes and set the matter for a public hearing. Notices shall be given as provided in Section 20.84.060.
D. The council shall, not less than ten nor more than forty days after legal notice of a public hearing on a variance application, hold the public hearing. The appellant shall present at the hearing information and data to indicate the manner in which the commission erred in its decision. The council decision shall be final unless appealed of competent jurisdiction within fifteen days.
(Prior code § 19.84.040 (Ord. 557 § 407(C), 1964))
A. The commission may revoke any variance for noncompliance with the conditions set forth in granting the variance after notice and hearing. Upon instruction from the commission, the city engineer shall cause ten days' notice of hearing to be given to the holder of the variance which is being considered for revocation. The action of the commission in revoking any variance may be appealed to the council in the same manner as an appeal from a decision of the commission in granting or denying a variance.
B. Each variance granted under the provisions of this chapter shall become void when:
1. The construction authorized by the variance is not commenced within one year after the granting of the variance or is not pursued diligently to completion; or
2. The occupancy or use of land or buildings authorized by the variance has not taken place within one year after the granting of the variance; or
3. There is a cessation in the occupancy or use of land or buildings authorized by the variance for a period in excess of one year.
C. Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limitation established in subsection B of this section, the commission may grant an extension of time for a period not to exceed an additional one-year period. Application for such extension of time must set forth in writing the reasons for the extension and must be filed with the city clerk before the expiration of the variance.
D. The provisions of this section shall apply to variances issued prior to May 7, 1964, including variances issued by the legislative bodies or planning commissions of other political jurisdictions covering territory subsequently annexed to the city, but the one-year period specified in subsection B(2) of this section shall not commence to run until May 7, 1964, or the date of annexation, whichever occurs later. The provisions of subsection C of this section shall also apply to such variances provided the commission finds that an extension would not be detrimental or injurious to property in the neighborhood.
(Prior code § 19.84.050 (Ord. 557 § 407 (D), 1964))
A. The purpose of a minor zoning adjustment procedure is to provide a simplified means of considering minor deviations from certain development standards set forth in any zone which are not detrimental to the public health, safety or welfare.
B. Any person, firm, corporation or other entity may apply in writing to the director of the department of planning and community development for a minor zoning adjustment. The director of the department of planning and community development shall review and make a determination concerning all applications for minor zoning adjustments. Applications for minor zoning adjustments shall be limited to an application for any one or more of the following:
1. A reduction in lot and building area requirements by not more than ten percent of that otherwise required in any zone;
2. A reduction in setback requirements by permitting portions of a building to extend into and occupy not more than ten percent of the required setback;
3. A reduction in parking requirements for commercial or industrial uses by not more than ten percent; provided, that the reduction does not exceed two parking spaces for any lot.
C. In approving or conditionally approving a minor zoning adjustment, the director of the department of planning and community development shall find that because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of development standards set forth for the zone deprives such property of privileges enjoyed by other property in the zone. In addition, the director of the department of planning and community development shall find:
1. There are practical reasons or benefits of improved design which justify a deviation from prescribed development standards.
2. The adjustment, with any conditions imposed, will provide equal or greater benefit to adjacent property.
3. The adjustment is not in conflict with the objectives of the general plan or the general intent of this title.
D. Upon appeal to the planning commission of any decision of the director of the department of planning and community development made pursuant to this section, the planning commission shall set the matter for hearing and determination in accordance with this chapter.
(Ord. 85-09-955 § 1 (part), 1986; Ord. 82-6-892 § 3)
No person, including the original applicant, shall reapply for a similar variance on the same land, building, or structure within a period of one year from the date of the final decision on such previous application, unless such decision is a denial without prejudice.
(Prior code § 19.84.070 (Ord. 557 § 407(F), 1964))