Variances
If you are interested in seeking a variance
or waiver to the numerical requirements of the Zoning Code, an
application submitted to the Community Development Department is
required. A variance is a modification to the strict application
of Zoning Code requirements when a unique hardship may be
demonstrated. Variances may not be granted if only to serve as a
convenience to the applicant, adversely affect nearby properties
or violate the City's Comprehensive Plan. Meeting with the
Zoning Administrator to determine if, indeed, a variance request
would be considered a legitimate proposal is recommended prior
to submitting the application. The planner will discuss various
issues associated with the request, mitigate any problems that
may arise during the process and understand what information the
city may require in determining the variance request.
After meeting with the Zoning Administrator, an
application may be submitted. Specific items that are to be turned
into the Community Development Department include:
* If the site plan is not
legible on an 8 ½" x 11" sheet, a 11" x 17" sized site plan is
acceptable. However, site plans that must be on larger sized paper
to be legible will require additional copies to be submitted.
Consult with a Zoning Administrator if you have any questions with
submittal requirements.
The Zoning Administrator will review your
variance request to determine if all applicable information is
provided. If the application does not clearly identify the
specific request along with a justification as to the demonstrable
hardship, the Zoning Administrator will reject the proposal until
such time all information is provided. Once complete, the Zoning
Administrator will proceed with public notification and the
processing of the variance request to the Planning and Zoning
Commission for
consideration. The Commission normally meets on the fourth Tuesday of
each month and has final authority to approve or deny your
request. You are expected to attend this public hearing to discuss
the merits of your application. If the Planning and Zoning
Commission
approves your variance request, you may proceed with a building
permit or with whatever is necessary to implement your request.
This process takes approximately six weeks to complete. Refer to
Meeting Schedules and Submittal Deadline Dates for specific times
during the year to submit your application.
A decision of denial by the
Commission will require
an appeal to the City Council. You have 15 days after the Board's
decision in which to file the appeal. A planner will process the
appeal to the City Council, who will review the record, testimony
from the Planning and Zoning Commission's hearing, and render a decision. The
City Council will either overturn the Commission's decision, uphold the
decision or modify the request based on conditions. The appeal
process will add approximately six weeks to the overall time
frame. |
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