The planning commission, upon making certain findings on each case, as hereinafter provided, shall have the power to grant variances in the application of any of the provisions of this title to the following extent, and no further:

A.

To vary or modify the strict application of any of the regulations or provisions contained in this title in cases in which there are practical difficulties or unnecessary hardships in the way of the strict application;

B.

To permit the extension of a district where the boundary line thereof divides a lot in one ownership at the time of the passage of this title.

(Prior code § 11-211.1)

Application for any variance permissible under the provisions of this section shall be made in writing to the planning commission, in the form prescribed by the commission, and shall be accompanied by a fee to be established by resolution of the city council from time-to-time. Upon receipt of any such application, the planning commission shall hold at least one public hearing, within 45 days after the filing of the application, notice of which hearing shall have been given by posting on the property involved and any adjacent property within the ten days prior to the date of said hearing. At said hearing the applicant shall present a statement and adequate evidence, in such form as the planning commission may require, 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 and/or uses in the same district;

B.

That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of 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 the property or improvements in said neighborhood.

(Prior code § 11-211.2)

After the conclusion of the aforesaid hearing, the planning commission shall make a written finding of facts showing whether the three foregoing qualifications apply to the land, building and/or use for which the variance is sought, and if the planning commission finds that such qualifications do apply and that the variance requested is in harmony with the general purposes of this chapter, the planning commission may by resolution grant such variance.

(Prior code § 11-211.3)

In approving the granting of any variance under the provisions of this chapter, the planning commission shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulation or provisions to which such variance applies, as to light, air, and the public health, safety, morals, convenience and general welfare. In all cases in which variances are granted under the provisions of this chapter, the planning commission shall require such evidence and guarantees as it may deem to be necessary that the conditions designated in connection therewith are being and will be complied with.

(Prior code § 11-211.4)

Any person aggrieved by any decision or action of the planning commission in respect to a variance application may appeal in writing to the city council within 20 days after the decision or action in question. In addition, any member of the city council may request in writing, within said time period, that the decision or action of the planning commission be reviewed by the city council as if on appeal. Notice of such appeal or review shall be given to the planning commission and a report shall be submitted by the planning commission to the city council setting forth the reasons for the action taken by the commission, or else the planning commission shall be represented at the council hearing on the appeal. The matter of the appeal or review shall be heard by the city council within 45 days from the date of filing a request therefor, and notice of the time and place of such hearing shall be mailed to the appellant, to the applicant if other than the appellant, and to the owners of all adjacent property, not less than ten days prior to the date of such hearing. Failure of any person to receive notice of the hearing shall in no way effect the validity of the action taken.

(Prior code § 11-211.5)

Where one or more of the conditions of the granting of a variance have not been, or are not being, complied with, or when a variance was granted on the basis of false material information, written or oral, given wilfully or negligently by the applicant, the planning commission may revoke or modify such variance following a hearing thereon. Notice of such hearing shall be given in writing to the permittee at least ten days prior to the hearing. Notice of such hearing shall also be given as described in Section 17.44.020. Following the hearing, the planning commission may revoke or modify the variance. An appeal may be taken from such revocation or modification in the same manner as described in Section 17.44.050.

(Prior code § 11-211.6)

All variances issued by the planning commission shall be valid until the date of expiration stated on the permit, or if no date of expiration is stated, or unless otherwise specified by the planning commission, all such permits shall expire one year from the date of granting the permit unless construction on, or use of, the subject property pursuant to the permit has started with this period.

(Prior code § 11-211.7)