Agenda - Council - 03/25/1980 - Laserfiche WebLink

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a. That there are exceptional, unique, or ~xtraordinary circumstances or conditions applying to the property in question as to the intended use 0~ the property that do not apply generally to other properties in the same zoning district; b. That such variance is necessary for the preservation and enjoyment of a substantial, property right similar to that possessed by 6tber properties in the same district and in the same vicinity. The possibility of increased financial return shall not in itself be deemed sufficient to warrant a variance; c. That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this ordinance or the .public interest; d. That the condition'or situation o~'.the specific piece of property, or the intende~ use of said property, for which the variance is sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation ~or such conditions or situa- tion; e. That the variance observes the spirit and intent of this ordinance, produces su6stantial justice and is not contrary to the public interest. 170.018F CONDITIONS I~OS~D In granting a variance, the Board ok Adjustment may impose conditions to insure compliance and to protect adjacent properties -170. 018G- PROCEDURE 1. Within sixty (60) dais ~fter xeceipt of filing of a request for a variance or an appeal from an administrative order or determination, the Board of Adjustment shall hold a public bearing thereon, and shall hear such persons as wish to be heard, either in person or.by agent or attorney. Notice of such hearing shall be published in anewspaper of general circulation at least ten (10) days prior to the date of hearing. In addition, notice of such hearing shall be mailed not less than ten (10) days before the date of hear- ing to the person or persons who filed the appeal or request, and in the case of a request for a variance, to each owner of property situated wholly or partly within three hundred fi'fty.J350) feet of the property to which the variance relates. A map containing the' ' names and addresses of property owners within three hundred fifty (350) feet of the p¥operty whereon the variance is requested shall be submi[ted with, and made a part of, th~ application for variance. 2. Within a reasonable time after the hearing, the Board of Adjustment shall make its order deciding the matter and serve a copy of such order upon the appellant or the petitioner by mail. If the city council does not act as the Board of Adjustment, the Board of Adjustment's decision may be appealed to the city council. The city council, after review of the Board of Adjustment's minutes, records and fi]es, may af'firm, reverse, or modify the Board of Adjustment's action- If the city council acts as the Board of Adjustment, or after the city council acts on a Board of Adjustment's decision, this shall be the final action o~ the city On the variance application.