(1)   The applicant shall submit to DSD an application for variance along with the appropriate fee.

   (2)   The director may grant a variance, as an administrative decision, of up to thirty three percent (33%) of the following requirements: lot size, lot width or depth, structure height, setback distances for the front, back, or side yards, or parking space.

      A.    Application And Administrative Requirements: A site plan and letter of intent shall be submitted to DSD for review together with all appropriate fees as established by the adopted fee schedule. The burden of proof lies upon the applicant to show whether characteristics of the site create an undue hardship.

      B.    Notifications: Upon acceptance of an application, DSD shall provide notification by mail of the variance request to the owners of parcels within three hundred feet (300') of the external boundaries of the parcel and shall provide such individuals a period of fifteen (15) calendar days from the date of the mailing to submit comments concerning the proposed variance.

      C.    Comments: The director shall consider all comments that are received within the fifteen (15) calendar day comment period prior to making a final written decision concerning the variance request. In considering comments, the director shall evaluate whether granting the variance will be consistent with the comprehensive plan and whether characteristics of the site create an undue hardship.

      D.    Notice Of Decision: The director shall give notice of the decision granting or denying the application, to those previously notified of the pending application.

   (3)   The commission shall consider all other applications for variances in accordance with the notice and hearing procedure of article 5 of this chapter. (Ord. 11-007, 5-18-2011)

   (1)   A variance shall be granted in compliance with Idaho Code section 67-6516, and notice and an opportunity to be heard shall be provided to property owners adjoining the subject property.

   (2)   The presiding party shall ask and answer the following questions in their FCOs:

      A.    Will granting the variance be consistent with the comprehensive plan;

      B.    Do characteristics of the site create an undue hardship; and

      C.    Is the variance in conflict with the public interest? (Ord. 10-006, 8-16-2010)

Whenever the presiding party grants or denies a variance, it shall specify:

   (1)   The ordinance and standards used in evaluating the application;

   (2)   The reasons for approval or denial; and

   (3)   If denied, what actions, if any, the applicant might propose to try to obtain the variance upon submission of a new application. (Ord. 10-006, 8-16-2010)

Any affected person who is aggrieved by the decision made pursuant to this article, may file a written notice of appeal in accordance with article 5 of this chapter. (Ord. 10-006, 8-16-2010)