Ordinance - #11-10 - 08/09/2011 - Laserfiche WebLink

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a. To approve, the board must adopt by resolution findings of fact and conclusions that support approval of the requested variance and by resolution authorize the issuance of a variance. The resolution should list any condition or conditions that the board considers necessary to ensure compliance and to protect adjacent properties. b. To deny, the board must adopt by resolution findings of fact and conclusions that support denial of the requested variance and by motion deny the issuance of a variance. This motion shall be the board's final action on the request for a variance. (10) In accordance with section 117 -187, a copy of all decisions granting variances for properties in the floodway or flood fringe shall be forwarded to the commissioner of natural resources within ten days of such action. (11) Whenever an application for a variance has been considered and denied by the board, a similar application for a variance affecting substantially the same parcel shall not be considered again by the board for at least one year from the date of its denial. The board may permit the submittal of a new request for a variance within one year of denial if it finds that the new request or circumstances surrounding the new request have changed significantly. (12) If a request for variance receives approval of the board, at the applicant's expense, city staff shall record such with the county recorder's office no sooner than ten days following the final action of the board. (d) Lapse of variance. Unless otherwise specified by the board at the time it is authorized, a variance shall become null and void one year after the final action of the board if not initiated or utilized. The city shall notify the variance holder of such a lapse of variance at time of issuance. A variance holder may petition for an extension of time in which to complete or utilize the variance. Such extension shall be requested in writing and filed with the city at least 30 days before the expiration of the original variance. The request for extension shall state facts showing a good faith attempt to complete or use the variance. Such petition shall be presented to the council board for decision. (e) Performance security. (1) Upon approval of a variance, the city shall be provided, where deemed necessary by the board, with a surety bond, cash escrow, certificate of deposit, securities, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. This security shall guarantee conformance and compliance with the conditions of the variance and the provisions of this Code. (2) The security shall be in the amount equal to the city engineer's or building official's estimated costs of labor and materials for the proposed improvements or development. (3) The city shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the provisions of the variance and this Code has been issued by the building official. (4) Failure to comply with the conditions of the variance or appeal and the provisions of this Code shall result in forfeiture of the security. (5) Whenever a performance guarantee is imposed by the city, the applicant shall be required to enter into a performance agreement with the city. This agreement is to provide authorization to the city to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the permit. Said agreement shall hold harmless the city for completion of the work and address other matters as may be determined by the city attorney. Ordinance #11 -10 Page 4 of 5