(A) General. The Council, upon receipt of a recommendation from the Planning Commission, shall hear and decide appeals for variances in the strict application of § 8.04.050 of this chapter.
(B) Action by appellant.
(1) The owner of any property affected by established official plan lines may appeal the strict interpretation of § 8.04.050 herein.
(2) The appeal should be made in writing to the Planning Commission.
(C) Action by Planning Commission. Upon receipt of an appeal, the Planning Commission shall set a date for at least one public hearing and publish notice thereof in a newspaper of general circulation in the city at least ten days in advance of the public hearing. At the conclusion of the public hearing, the Planning Commission shall make its recommendations by resolution in writing to the Council. In order to make a recommendation contrary to the provisions stated in § 8.04.050 herein, the Planning Commission must find:
(1) That the property of which the official plan line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance;
(2) That the property will not earn a fair return on the owner’s investment unless the construction involved is authorized; and/or
(3) That the granting of the application is necessary for the preservation of substantial property rights of the individual.
(D) Action by the Council. Upon receipt of the report from the Planning Commission, or upon expiration of 60 days from the time the applicant filed his or her appeal with the Planning Commission, the Council shall set a date for a public hearing thereon, with notices as required by law. At the conclusion of the public hearing, the Council may grant the applicant a variance from the provisions in § 8.04.050 of this chapter. In order to grant a variance contrary to the section, the Council must find:
(1) That the property of which the official plan line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance;
(2) That the property will not earn a fair return on the owner’s investment unless the construction is authorized; and
(3) That the granting of the application is necessary for the preservation of substantial property rights of the individual.
(1995 Code, § 8.04.060)