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Ordinance - #11-10 - 08/09/2011
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Ordinance - #11-10 - 08/09/2011
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3/28/2025 2:38:27 PM
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8/30/2011 1:59:23 PM
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Resolutions & Ordinances
Resolutions or Ordinances
Ordinances
Resolution or Ordinance Number
#11-10
Document Date
08/09/2011
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i. Drainage configuration. Storm sewer catchbasins, invert elevations, and storage areas. <br />j. Proposed road profile. <br />k. Location of all existing trees, type, diameter, and which trees will be removed. <br />1. Requests for variance in nonresidential areas must submit site plan information in accordance with <br />section 117 -54 <br />(2) Proof of ownership or authorization. If the applicant is other than the fee title owner, the fee title owner <br />must join in the application. <br />(3) Upon the request for a variance being officially submitted, a public hearing before the board shall be <br />scheduled following proper hearing notification. <br />(4) Notice of a hearing for a variance request shall consist of the following: <br />a. The address and a legal description of the parcel; <br />b. Description of request; and <br />c. Time, place and purpose of the hearing. <br />The notice shall be published in the official newspaper at least ten days prior to the hearing and written <br />notification of the hearing shall be mailed at least ten days prior to all parcel owners within 350 feet of <br />the boundary of the parcel for which a variance is being sought. For the purpose of written notification, <br />and in the absence of more accurate information, the parcel owner of record at the county shall be used. <br />Failure of a property owner to receive the notice shall not invalidate any such proceedings as set forth <br />within this section provided a good faith attempt has been made to comply with the notice requirements <br />of this section. <br />(5) For properties within the floodway or flood fringe overlay district, the city shall submit to the <br />commissioner of natural resources a copy of the application for proposed variances sufficiently in advance so <br />that the commissioner will receive at least ten days notice of the hearing. <br />(6) The zoning administrator shall instruct the appropriate staff persons to prepare technical reports when <br />appropriate, and provide general assistance in preparing a recommendation on the request to the board. <br />(7) At any time during the consideration of the request for a variance, the council, board, and /or city staff <br />shall have the authority to request additional information from the applicant or to retain expert testimony with <br />the consent and at the expense of the applicant, the information is to be declared necessary to establish <br />performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant <br />to supply all necessary supportive information shall be grounds for denial of the request or rejection of the <br />application as incomplete. <br />(8) The applicant or the applicant's representative shall appear at the board public hearing in order to answer <br />questions concerning the request for a variance. <br />(9) After receiving the reports and recommendations of the city staff and, receiving any additional <br />information referred to in this subdivision, and considering the criteria listed in this section, the board shall <br />with a majority vote decide whether to approve or deny a request for variance. <br />Ordinance #11 - 10 <br />Page 3 of 5 <br />
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