(A) Variance conditions. The Public Works Director may authorize, upon request, the variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of this chapter will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that:
(1) Adherence to the strict letter of this chapter will cause difficulties and hardships upon the petitioner, the imposition of which is unnecessary in order to carry out the general purpose of this chapter;
(2) Special circumstances attach to the property covered by the application which do not generally apply to other properties in the same neighborhood;
(3) Because of special circumstances, property covered by this application is deprived of privileges possessed by other properties in the same neighborhood; and
(4) The granting of the variance is essential to the enjoyment of a substantial use of the property consistent with similar uses of property in the same neighborhood.
(B) Application information. Applications for variance shall be filed with the Public Works Director. The application shall contain the following information:
(1) A description of the requested variance together with a designation of the chapter provision from which relief is being requested;
(2) An accurate plot plan, if appropriate, indicating the manner in which the variance will be applied and its effect upon adjacent properties;
(3) A detailed explanation of the circumstances and reasons justifying the variance; and
(4) The application shall be accompanied by a fee set by resolution of the Council sufficient to cover the cost of handling the application as prescribed in this chapter.
(C) Appeal to Council.
(1) Within ten days following the date of a decision of the Public Works Director on a variance application, the decision may be appealed to the Council by the applicant or any other interested party. An appeal shall be made on a form prescribed by the Public Works Department and shall be filed with the Clerk. The appeal shall state specifically wherein it is claimed there was an error or a breach of discretion by the Public Works Director or wherein the decision is not supported by the evidence in the record.
(2) Within five days of filing of an appeal, the Public Works Director shall transmit to the Clerk the variance application, and other data filed therewith, and any reports, findings or other information which the Public Works Director has used in making a decision on the application.
(3) The Clerk shall give notice to the applicant and to the appellant (if the applicant is not the appellant) and may give notice to any other interested party of the time when the appeal will be considered by the Council.
(D) Action of the Council.
(1) The Council may affirm, reverse or modify a decision of the Public Works Director on a variance application; provided, that if a decision denying a variance is reversed or a decision granting a variance is modified, the Council shall, on the basis of the record transmitted by the Public Works Director and such additional evidence as may be submitted, make the findings prerequisite to the granting of a variance as prescribed in § 8.12.210(A) of this chapter.
(2) A variance which has been the subject of an appeal to the Council shall become effective three days following the date on which the variance is granted by the Council.
(E) Lapse of variance. A variance shall lapse and shall become void one year following the date on which the variance became effective unless prior to the expiration of one year, a building permit is issued by the Building Inspector and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application or a certificate of occupancy is issued by the Planning Officer for the site or structure which was the subject of the variance application. A variance may be renewed for an additional period of one year; provided, that prior to the expiration of one year from the date which the variance originally became effective, an application for renewal of the variance is made to the Public Works Director. The Public Works Director may grant or deny an application for renewal of a variance.
(F) Revocation. A variance granted subject to a condition shall be revoked by the Public Works Director if the condition is not complied with.
(G) New application. Following the denial of a variance application or the revocation of a variance, no application for the same, or substantially the same, variance on the same or substantially the same site shall be filed within one year of the date of denial of the variance application or revocation of the variance.
(1995 Code, § 8.12.200)