The purpose of the variance is to modify the strict application of the specific requirements of this chapter in the case of exceptionally irregular, narrow, shallow, or steep lots or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship which would deprive an owner of the reasonable use of his or her land. The variance shall be used only where necessary to overcome some obstacle, which is preventing an owner from using his or her lot as this chapter intended.
(A) Requirements for the granting of a variance. Before the Common Council shall have authority to grant a variance, the person applying for the variance must demonstrate that:
(1) The granting of the variance will not be contrary to the public interest;
(2) The literal enforcement of this chapter would result in unnecessary hardship;
(3) By granting the variance contrary to the provisions of this chapter, the spirit of this chapter will be observed; and
(4) The variance will not have the effect of allowing in any zoning district uses prohibited in that zoning district, or of lowering standards beyond that required by state law.
(B) Variance procedure.
(1) After written denial of a building permit from the Building Inspector, a property owner may file a written request for a variance with the Finance Officer.
(2) The request shall contain:
(a) The applicant’s name and address, and the names and addresses of all adjoining landowners;
(b) A detailed description of the variance requested and the need for the variance; and
(c) A narrative demonstrating that the requirements for granting variances, as outlined in division (A) above, will be met if the variance is granted.
(3) The applicant shall pay the City Finance Officer the appropriate fee for a variance, as designated in § 150.006. These fees shall be utilized to help defray administrative costs of processing the application. Additional costs are required for mailings, which are the applicant’s responsibility.
(4) The application will then be given to the Planning Commission for consideration and a recommendation will be given to the Common Council.
(5) Upon recommendation from the Planning Commission, the Common Council shall schedule a hearing and shall give ten days’ notice of such hearing by publication in a legally designated paper. The applicant shall notify all adjoining landowners by certified letter at least five days prior to any public hearing.
(6) The Common Council shall render a decision on the request for a variance within 15 days following the public hearing. The decision to grant a variance must be approved by three-fourths of the full membership of the Common Council.
(Prior Code, § 152.078)