Any landscaping plan submitted to and disapproved by the Planning Commission may be appealed according to the procedure provided for in Chapter 1199.
(a) Reviewing Variance Requests. The Board of Zoning Appeals in its review of the recommendations of variance requests, shall base its recommendations on all of the following criteria:
(1) The specific conditions in detail which are unique to the applicant's land, and do not exist on other land within the same zone.
(2) The manner in which the strict application of the provision of this chapter would deprive the applicant of a reasonable use of the land in the manner equivalent to the use permitted other landowners in the same zone.
(3) The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this chapter.
(4) Reasons that the variance shall preserve, not harm the public safety and welfare, and shall not alter the essential character of the neighborhood.
(5) In any event Council may, upon request of any aggrieved party after the appeal as herein provided, review the decisions of the Planning Commission or administrative officer and modify such decision in any manner not consistent with this section so as to prevent undue hardship or inconsistency.
(b) Recording. Whenever the Board of Zoning Appeals makes a recommendation, such recommendation shall be forwarded to the Planning Commission.
(Ord.173-2000. Passed 12-17-00.)