Where practical difficulties, unnecessary hardships or results inconsistent with the general purposes of Chapter 17.02 through 17.52 may result from the strict application of certain provisions thereof, variances may be granted as provided by this chapter.

(Ord. 515 § 1 Exh. A (part), 1987)

Application for variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by a fee in the amount fixed by resolution of the city council as per schedule on file with the planning commission, no part of which shall be returnable to the applicant, and a statement, plans, and evidence showing:

A.

That there are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings or uses in the same district;

B.

That the granting of the application is necessary for the preservation and enjoyment of substantial property rights to the petitioner;

C.

That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

(Ord. 515 § 1 Exh. A (part), 1987)

A public hearing shall be held at the next scheduled planning commission meeting after the filing of the application, notice of which shall be given by one-time publication in a newspaper of general circulation at least ten days prior to such hearing or by posting a notice on the property involved, or adjacent thereto, at least ten days prior to such hearing.

(Ord. 515 § 1 Exh. A (part), 1987)

A.

At the conclusion of a public hearing, the planning commission shall make written findings of fact showing whether the qualifications of this chapter apply to the land, building or use for which variance is sought, and whether such variance shall be in harmony with the general purpose of Chapters 17.02 through 17.52. The findings of fact shall further show whether or not the imposition of conditions upon the granting of such variance will have the effect of rendering such variance harmonious with the general purpose of Chapters 17.02 through 17.52.

B.

If the commission has found that the variance is in harmony with the general purpose of such Chapters 17.02 through 17.52, it shall by resolution, grant such variance.

C.

If the commission finds that such variance can be made harmonious with the general purpose of Chapters 17.02 through 17.52 by granting the same on conditions which it deems reasonable, the commission may grant such variance upon such conditions and may require guarantee that such conditions will be complied with.

(Ord. 515 § 1 Exh. A (part), 1987)

A.

Any variance granted under the terms of Chapter 17.02 through 17.52 may be revoked:

1.

If any of the conditions or terms are violated; or

2.

If any law or ordinance is violated in connection therewith;

3.

If in granting the permit the commission, appeals board, or city council considered information provided by, on behalf of, or attributable to the permittee, which information was materially erroneous or misleading, whether as a result of its content or omissions therefrom, and regardless of fault.

B.

The planning commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing. At the conclusion of the hearing, if the commission finds that any one of the grounds listed above exists, the commission may revoke the permit and terminate all rights granted thereunder and order the cessation of any use and may further order the removal of any structure or portion thereof which had been permitted by said permit.

C.

Any variance granted becomes null and void if not exercised within the time specified in such variance, or, if no date is specified, if not exercised within one year from date of approval.

(Ord. 515 § 1 Exh. A (part), 1987)

The denial of any variance including the revocation of a previously granted permit may be appealed by the applicant to the city council in writing within ten calendar days of denial. The granting of any variance, including a determination not to revoke a previously granted variance following a revocation hearing, may be appealed by the following persons:

A.

Adjacent property owners;

B.

Nonadjacent property owners whose property is in such proximity to the property subject to the application for permit that the appeals board finds that such persons's property or his lawful use thereof is significantly affected by the action appealed from.

1.

"Property owner" includes the owners of a leasehold interest with an unexpired term remaining of one year or more,

2.

"Significant effect" refers to an effect significantly greater than the effect the determination appealed from has generally upon all citizens of the city.

The appeal must be submitted to the city clerk within ten days after the public hearing. The appeal shall be heard at the next regular meeting of the city council.

In connection with the review, the council may direct all materials, records, exhibits and statements considered by the commission to be filed with the city clerk for consideration by the council. After review of such materials and the decision of the commission, the council may determine by resolution that the public interest and welfare require a further hearing and order further hearing to be conducted before the council, at a time fixed in the resolution, which time shall be within thirty days after the decision of the commission has been filed with the city clerk. At such hearing the council shall have the power to affirm, modify or reverse the decision of the commission. Such action by the council shall be final upon its rendering and shall not be subject to appeal. The right herein reserved in the council shall not be construed as an extension of the applicant's administrative remedies, or limit his right to seek a judicial review following this decision of the commission.

(Ord. 515 § 1 Exh. A (part), 1987)