A. Hearing Required. A hearing before the Zoning Board of Appeals is required for all standard and major zoning variations. The Zoning Board of Appeals shall fix a reasonable time for hearings on applications for zoning variations. However, if the application for variation involves the alteration of an exterior feature of a landmark designated under Chapter 15.64 of the Winnetka Village Code, the hearing shall be fixed for a date not less than sixty (60) days from the date of the filing of the application, so as to allow the Landmark Preservation Commission to complete its review of the plans and make its determination of the appropriateness of the proposed work, as required by Section 15.64.60 of this Code.
B. Notice of Hearing.
1. Publication of Notice. Notice of the time and place of the public hearing shall be published not more than thirty (30) days nor less than fifteen (15) days before the hearing in one or more newspapers published in the Village, or, if no newspaper is published in the Village, then in one or more newspapers with a general circulation within the Village and which is published within Cook County, Illinois. This notice shall contain the particular location for which the variation is requested as well as a brief statement of the nature of the proposed variation.
2. Notice to Certain Property Owners. Concurrently with the filing of an application for variation, the applicant shall furnish a list of the names and addresses of the owners of record of the property which is the subject of such application and all persons to whom the latest general real estate tax bills were sent for all property situated within two hundred fifty (250) feet of the subject property. Written notice of the time and place of such public hearing shall be sent by the Village by first class mail postage prepaid to each person whose name appears on such list, at the address shown on such list, not less than ten (10) days prior to the date of such public hearing; provided, however, that the failure of any such person to receive such written notice shall not invalidate, impair or otherwise affect any such variation subsequently granted following such public hearing.
C. Evidence Required at Hearing. The Zoning Board of Appeals shall require evidence on the following issues:
1. that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that district;
2. that the plight of the owner is due to unique circumstances;
3. that the variation, if granted, will not alter the essential character of the locality;
4. that an adequate supply of light and air to adjacent property will not be impaired;
5. that the hazard from fire and other damages to the property will not be increased;
6. that the taxable value of land and buildings throughout the Village will not diminish;
7. that the congestion in the public street will not increase; and
8. that the public health, safety, comfort, morals and welfare of the inhabitants of the Village will not be otherwise impaired.
D. Recommendation by the Zoning Board of Appeals. The Zoning Board of Appeals shall not recommend that the Village Council grant a variation unless the Zoning Board of Appeals makes an affirmative finding, based on evidence in the record or in a public document, that each of the foregoing eight conditions is met in connection with the variation application. The findings of the Zoning Board of Appeals shall comply with Section 17.60.050.
(MC-2-2004, Amended, 04/06/2004)
(MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)