§ 35-484. Development Plat Variances.

(a)

Applicability. This section shall apply to any application for a variance from an applicable provision of article V of this chapter for a development plat located inside the city limits. Variances to development plats and any required information shall be granted by the director.

(b)

Initiation. The applicant shall submit in writing to the director of planning and development services, as executive secretary of the planning commission, a letter specifying the section for which a variance is requested and stating the grounds for the request along with all supportive facts upon which he/she believes a variance is warranted. The letter shall be transmitted along with the application for approval of a subdivision plat. Each request for a variance shall be accompanied by a filing fee as specified in Appendix "C" and the planning commission shall not consider a variance request until such payment has been made. If a request is for multiple variances, a fee shall be paid for each section or subsection of these regulations from which a variance is sought.

(c)

Completeness Review. The director of planning and development services shall review an application for a development plat variance in accordance with subsection 35-431(c) of this chapter. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the planning commission.

(d)

Decision. The director shall review the facts and distribute the letter to the appropriate departments/agencies who shall, within fifteen (15) days of the receipt of the letter, respond in writing to application and to the director as to the following:

• The section, specific regulation, and the respect in which the item being considered does not comply.

• An evaluation of the specific facts submitted by the applicant and the factors indicated above for use by the planning commission in making its findings.

• A specific recommendation of either approval or denial and any conditions which the planning commission may wish to impose in considering the variance.

The director shall review the variance application along with the application and shall render a written finding approving, denying, or approving with conditions the variance. The findings of the director shall be transmitted to the applicant in writing.

(e)

Approval Criteria. The director may grant variances to the requirements of this article if it concludes that strict compliance with these regulations would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of these regulations will be observed, public safety and welfare secured, and substantial justice done. The director may grant a variance only if it finds that:

• If the applicant complies strictly with the provisions of these regulations, he/she can make no reasonable use of his/her property; and

• The hardship relates to the applicant's land, rather than personal circumstances; and

• The hardship is unique, or nearly so, rather than one shared by many surrounding properties; and

• The hardship is not the result of the applicant's own actions; and

• The granting of the variance will not be injurious to other property and will not prevent the orderly subdivision of other property in the area in accordance with these regulations.

(f)

Subsequent Applications. The following time limitations shall be imposed so that no application for a variance shall be received or filed with the planning commission:

• If within the previous twelve (12) months an application for a variance or exception was received, considered and denied on the same lot, lots or blocks of land.

• If within the previous six-month period an application for a variance or exception was withdrawn from consideration by the applicant or his representative before the planning commission.

The aforementioned time limitations may be waived if new substantial evidence is presented to the planning commission and only after receiving five (5) affirmative votes shall the time limitation be waived. If granted, a new application shall be filed in the office of the director of development services following the procedures outlined in section 35-403, notice provisions.

(g)

Scope of Approval. Where a variance is granted by the planning commission and no building permit is granted within six (6) months after the date granted, the variance becomes null and void and of no force or effect. The planning commission may extend this time period for successive six-month periods, for a total time period not exceeding two (2) years, if the applicant files a request for an extension prior to the expiration thereof.

(Ord No. 98697 § 3, 4 and 6) (Ord. No. 99795; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)