The city council may grant variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause undue or unnecessary hardship. No variance shall be granted to allow the use of property for purposes not authorized in the district in which the proposed use would be located. In granting a variance the city council may attach conditions that it finds necessary to protect the best interest of the surrounding property or neighborhood and to otherwise achieve the purposes of this title.

(Ord. No. 2006-09, Exh. A, § 13.010, 12-20-2006)

No application for variance shall be granted unless the city council finds:

(1)

The variance shall not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the property, on behalf of which the application was filed, is located;

(2)

That such variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use, rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located;

(3)

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvement in the vicinity and zone in which the subject property is situated; and

(4)

The hardship asserted by the applicant is not the result of the applicant's or the owner's action.

(Ord. No. 2006-09, Exh. A, § 13.020, 12-20-2006)

A request for a variance may be initiated by a property owner or his authorized agent by filing an application with the city clerk-treasurer on forms prescribed by the city at least 15 days prior to the planning committee meeting at which the proposal is to be reviewed. The completed application shall be accompanied by a statement showing the conditions for granting under section 27.48.020 have been met by the applicant's property, together with a site plan, drawn to scale, showing the dimensions and arrangements of the proposed development and its relationship to the surrounding property, together with a fee, which shall be non-refundable. The fee shall be in an amount as established by the city council from time to time. In addition to such fee, the person filing such request shall pay on demand by the city clerk-treasurer the actual cost incurred by the city in connection with such request, and all actions taken pursuant thereto for copying, publication cost, postage and recording fees. No final action shall be taken upon such request until the application is deemed complete by the city clerk-treasurer and until all such fees and costs have been paid in full. The fees herein provided may hereafter be increased or decreased by resolution duly enacted by the city council.

(Ord. No. 2006-09, Exh. A, § 13.030, 12-20-2006)

Before a request for a variance is acted upon by the city council it shall first be considered at a public hearing of the planning committee. Notice of the planning committee public hearing shall be given as specified in either subsections (1) or (2) of this section. Notices may be sent:

(1)

By sending copies of the notice by mail not less than seven days prior to the date of hearing to all property owners whose property abuts, touches, or adjoins, or is directly across a street or an alley from the property involved, using for this purpose the names and addresses of owners as shown upon the records of the county assessor's office. Failure to send notice to a person shall not invalidate any proceedings in connection with the application for a variance;

(2)

By posting not less than three copies of this notice, printed or written, in a conspicuous place at or near the location of the proposed variance;

(3)

By such additional advertisement as may be deemed necessary through a newspaper of general circulation at the discretion of the planning committee.

(Ord. No. 2006-09, Exh. A, § 13.040, 12-20-2006)

(a)

Upon receipt of a complete variance application request, the city clerk-treasurer and the chairman of the planning committee shall set the date for a public hearing to review such application. Such hearing shall be set not later than 30 days after receipt of the completed application by the city clerk. The planning committee shall provide notice of such hearing pursuant to section 27.48.040.

(b)

Any person interested in any application for variance may appear at the planning committee hearing set for review thereof and present his remarks. Upon conclusion of the hearing the planning committee shall recommend to the city council action on the variance request which recommendation may be to either approve the variance request, deny the variance request or approve the variance request with conditions.

(c)

The planning committee may recess a hearing on a request for a variance, at the request of the applicant, in order to allow the application to provide additional information. The planning committee may also recess the variance public hearing on its own motion, in order to obtain additional information itself. Upon necessity of recess for these purposes, the planning committee shall announce the time and date when the hearing will be resumed.

(d)

The planning committee shall make its recommendation to the city council on any variance request within 20 days after completion of the public hearing. All planning committee actions on a variance request shall be completed within 60 days after the date of the first public hearing unless the applicant has requested an extension of the public hearing and has failed to provide additional information to the planning committee in a timely fashion, in which case, at the end of such 60-day period the planning committee shall recommend denial of the variance application to the city council.

(e)

The planning committee shall cause written notification of the planning committee's recommendation to the city council to be mailed to the applicant requesting said variance and to the city council within five days after the planning committee shall have concluded its hearing.

(Ord. No. 2006-09, Exh. A, § 13.050, 12-20-2006)

At the next regularly scheduled city council meeting after receipt of recommendations from the planning committee on a variance request, the city council shall review the variance application and the recommendations of the planning committee and shall reach a decision on the variance request, based on information provided to it in the application and by the planning committee report of proceedings and recommendation and the city council shall make its decision on the variance application based on the condition set for granting variance in section 27.48.020. The city council shall cause written notification of its action to be mailed to the applicant requesting said variance within ten days after the decision of the city council has been rendered.

(Ord. No. 2006-09, Exh. A, § 13.060, 12-20-2006)