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VARIANCE PROCEDURE l) 6) Complete application form provided. In describing the request, the applicant must demonstrate the following: a) That there are special circumstances or conditions affecting the land, or use referred to in the appli- cation thatare different that circumstances existing on adjoining property. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights possessed by other properties. 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 of the specific piece of property, or the intended 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 for such condi- tions or situation~ e) That the variance observes the spirit and intent of this ordinance, produces substantial justice and is not contrary to the public interest. Payment of a fee as determined by resolution of the City Council which is commensurate with the cost of processing this application. The staff shall review and make recommendations to the Planning Commission for their review and action. If a conceptual rendering is needed, l0 copies (or one 8 1/2" x ll") shall be provided by the applicant. The applicant shall receive a copy of the staff report when copies are distributed to the Planning Commission. After the Planning Commission makes a recommendation on the variance application, its recommendation will be for- warded to the City Council. The City Council will make the final determination as to whether the permit will be granted and under what condi- tions. 91