The Planning Commission shall consider variances to the terms of thistle which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Title will result in unnecessary hardship and under such conditions that the spirit of thistle shall be observed and substantial justice done. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. In acting upon such variance the Planning Commission shall make a full investigation and shall only recommend granting a variance upon finding that the following are true:

   A.   That the granting of the variance will not be a conflict with the spirit and intent of the comprehensive general plan for the City, and will not effect a change in zoning;

   B.   That there are exceptional or extraordinary circumstances or conditions, applicable to the property involved, or the intended use thereof, which do not apply generally to the property or class of use in the district, so that a denial of the relief sought will result in:

      1.   Undue loss in value of the property,

      2.   Inability to preserve the property rights of the owner,

      3.   The prevention of reasonable enjoyment of any property right of the owner;

   C.   The granting of such relief will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements of other property owners, or the quiet enjoyment of such property or improvements. (Ord. 626, 10-7-2002)

One or more property owners may initiate an application for a variance. Such application shall be filed with the Planning Commission on forms prescribed by the Planning Commission accompanied by such data and information necessary to assure the fullest presentation of facts and should include:

   A.   Name, address, and phone number of applicant(s);

   B.   Legal description of property (and street address, where possible);

   C.   Description of nature of variance requested;

   D.   A narrative statement demonstrating that the requested variance conforms to the standards set forth in Section 1-17-1 above;

   E.   Name and address of all property owners and residents within three hundred feet (300') of the exterior boundaries of the land being considered. (Ord. 626, 10-7-2002)

The owner or owner's representative as set forth in Section 11-19-1 of this Title shall pay a filing fee at the time of the filing. (Ord. 626, 10-7-2002)

The Planning Commission shall hold at least one public hearing on each variance request following the same hearing and notice procedures as set forth in Chapter 11 of this Title, except notification to property owners shall be by ordinary mail and need not extend beyond three hundred feet (300') of the external boundaries of the land being considered. (Ord. 626, 10-7-2002)

Within forty five (45) days after the public hearing for a variance request, the Commission shall transmit its recommendations for approval or disapproval to the Council. (Ord. 626, 10-7-2002)

Within forty five (45) days after receiving the recommendations of the Commission, the Council shall approve, disapprove, or approve with conditions, the application for variance and shall give written notice to the applicant within ten (10) days after the decision has been rendered. (Ord. 626, 10-7-2002)