CHAPTER 3
OFF-STREET PARKING
ARTICLE 5. PARKING DISTRICT
SECTION:
§7388 VARIANCE PROCEDURE
A. Variance Necessary:
1. It is desirable to allow full development of many parcels within Parking District #1 and to provide off-site parking; and
2. It is desirable in certain cases to allow variance from on-site parking requirements in Parking District #1 or other parking districts established by the City Council.
B. Variance Procedure: When, in the judgment of the Planning Commission, any parcel of land within a Parking District may be better utilized by allowing a reduction in the required parking, the Planning Commission may, upon application by the landowner, grant a variance from the parking requirement. In granting a variance the Planning Commission shall be guided by the following criteria: upon a showing by applicant and a finding thereof by the Planning Commission, a variance may be granted on one or more of the following grounds:
1. The refusal to allow a variance would make a proper use of the property unfeasible;
2. Physical impossibility or unsuitability of the property to comply with on-site parking requirement;
3. Proximity to an under utilized public parking lot which would reduce the need for on-site parking;
4. Specific conditions exist which particularly affect the subject property as opposed to other properties in the District similarly situated;
5. Specific conditions exist as to the type of business enterprise or use permitted by the Commission and which may affect the need for on-site parking.
The burden shall be upon the applicant to demonstrate to the Planning Commission the grounds on which he based his application for variance.
The applicant may appeal the action of the Planning Commission to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days of the Planning Commission decision. The City Council shall consider the appeal at a hearing held as provided in §9235.
C. The City Council shall from time to time adopt, by resolution, a Parking Plan for Parking District #1 and for any other Parking District created by the City. (Ord. 744, §1, adopted 1980; amd. by Ord. 792, §1, adopted 1982; Ord. 841, §1, adopted 1984)