(A) Purpose. The city shall establish a Minor Variance Committee, consisting of the Zoning Administrator and two additional members of the Department of Community Development Staff as determined by the Zoning Administrator, to act as the hearing officer as provided by A.R.S. § 9-462.06.
(B) Duties.
(1) The Minor Variance Committee shall have the authority to grant, upon such terms and conditions it deems necessary, a minor variance(s) as defined in Article 1 of this chapter.
(2) The Minor Variance Committee may, at an open meeting, approve a minor variance(s) upon the making of the findings required in § 154-03.04(D)(1)(a) through (D)(1)(d) of this chapter, when the following conditions are satisfied:
(a) The applicant receives written consent to the requested minor variance(s), on a form provided by the Zoning Administrator, from an owner of each property adjacent to the property which is the subject of the minor variance request, whether or not separated by public rights-of-way;
(b) The application requests a variance not exceeding a 20% reduction or increase of a development standard or dimension required by the zoning code; and
(c) The Minor Variance Committee determines that the request complies with the four findings of fact required by § 154-03.04(D)(1)(a) through (D)(1)(d).
(3) The Minor Variance Committee may not:
(a) Grant a variance to allow a less restrictive use or other use not permitted in the applicable district; and
(b) A minor variance request must be compatible with the general purpose and intent of the zoning code and the General Plan upon which it is based, so that the spirit of the zoning code and the General Plan shall be observed, public safety and welfare secured, and substantial justice done not only to the applicant, but to others who might be affected by the granting of such minor variance(s).
(Ord. O2010-32, passed 7-7-2010)