Chapter 18.140
VARIANCES
Sections:
18.140.020 Variance application.
18.140.030 Variance criteria for approval.
18.140.010 Intent.
It is recognized that there are special cases where unusual physical features (including small lot size), location within a commercial district, special design features which can be incorporated into the structure, and the limited building season make strict application of the foregoing regulations unreasonable.
Variances are intended to allow a relaxation of the terms of these regulations in such cases. A variance shall not be granted merely for reason of financial hardship or inconvenience. (Ord. O-08-09-01 § 2 (part), 2008)
18.140.020 Variance application.
An applicant may request a variance from the planning commission. The planning commission must meet within fourteen days from the time a completed application is received in the clerk’s office. Upon receipt of a completed application, the city clerk shall provide notice of the application and the date of the planning commission meeting at which the application will be heard, by regular mail, to all adjacent property owners. (Ord. O-08-09-01 § 2 (part), 2008)
18.140.030 Variance criteria for approval.
(a) The planning commission may impose restrictions and conditions as necessary to assure complete compliance with the foregoing regulations as is reasonable.
(b) The planning commission may grant a variance only if the planning commission believes, based upon the facts placed before the commission by the applicant, the city, and members of the public, that all of the following are true:
(1) The variance is needed in order to provide the applicant or property owner rights commonly enjoyed by other similarly situated properties in the same district or neighborhood;
(2) The applicant or property owner did not cause the condition that requires the variance;
(3) The variance is not requested simply to save the applicant or property owner money;
(4) The variance is not requested merely because complying with the regulations is inconvenient;
(5) Unusual physical features make strict application of the applicable regulations unreasonable;
(6) The variance requested is the minimal variance needed in order to alleviate the hardship to the applicant or property owner resulting from strict application of the applicable provisions of an ordinance or regulation;
(7) Granting of the variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, or create nuisances, cause fraud on or victimization of the public or conflict with existing local laws, ordinances or regulations;
(8) The variance will not permit a use in a district in which that use is prohibited.
(c) The planning commission may impose restrictions and conditions as necessary to assure complete compliance with the foregoing regulations as is reasonable.
(d) Denials may be appealed to the common council. (Ord. O-08-09-01 § 2 (part), 2008)