The council may authorize a variance from these regulations when, in its opinion, and upon recommendation of the planning and zoning commission (a.k.a. board of adjustment) undue hardship will result from requiring strict compliance. In recommending a variance, the commission shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings, the commission shall take into account the nature of the proposed variance as it relates to the surrounding land and current and future projected uses (according to the comprehensive plan). Variances may only be granted when in harmony with the general purpose and intent of the zoning ordinance so that the public health, safety and welfare may be secured and substantial justice done.

(Ord. No. 1-95B, § 1, 1-17-1995)

Before any variance is granted, the person desiring such variance shall file an application with the city secretary citing the specific provision of the zoning ordinance for which variance is sought. A fee will be charged for the application and will be set from time to time by the city council.

(Ord. No. 1-95B, § 2, 1-17-1995)

A public hearing shall be held before the planning and zoning commission (a.k.a. board of adjustment) on any application requesting a variance.

(Ord. No. 1-95B, § 3, 1-17-1995)

Notice of the public hearing shall be published in the official newspaper immediately preceding the date of the hearing. The notice shall specify the name of the applicant, the purpose for which the variance is sought, the address or legal description of the property and the time, date and place of the public hearing.

(Ord. No. 1-95B, § 4, 1-17-1995)

Written notice of the hearing shall be sent by the city secretary to owners of land lying within 200 feet of the nearest point of the property line of the land described in the application. Such notice is to be presumed to have been properly given if a copy of the planning and zoning commission's agenda describing the hearing is deposited in the mail not less than ten days prior to the hearing to those owners as the ownership appears on the last approved city tax roll, to the owners' address as it appears on the tax roll.

(Ord. No. 1-95B, § 5, 1-17-1995)

In case of a written protest against the granting of a request for a variance, signed by the owners of 20 percent of the land within 200 feet of the land described in the application, such request shall not be recommended to the city council except by the favorable vote of three-fourths of all members of the planning and zoning commission of the City of Devine.

(Ord. No. 1-95B, § 6, 1-17-1995)

The decision of the commission is not final and shall not constitute approval until acted upon by the city council. The city council shall act upon the recommendation of the commission at its next regular council meeting. The council may accept and approve the recommendation or reject it in the council's sole discretion.

(Ord. No. 1-95B, § 7, 1-17-1995)