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VARIANCE PROCEDURE <br /> <br />Complete application form provided. <br /> <br />In describing the request, the applicant must demonstrate <br />the following: <br /> <br />(a) <br /> <br />That there are special circumstances or conditions <br />affecting the land, or use referred to in the applica- <br />tion that are different than circumstances existing on <br />adjoining property. <br /> <br />That the granting of the application is necessary <br />for the preservation and enjoyment of substantial <br />property rights possessed by other properties. <br /> <br />(c) <br /> <br />That the authorizing of such variance will not be <br />of substantial detriment to adjacent property and <br />will not materially impair the intent and purpose <br />of this ordinance or the public interest; <br /> <br />(d) <br /> <br />That the condition or situation of the specific <br />piece of property, or the intended use of said <br />property, for which the variance is sought, is <br />not of so general or recurrent a nature as to <br />make reasonably practicable the formulation of <br />a general regulation for such conditions or situa- <br />tion; <br /> <br />(e) <br /> <br />That the variance observes the spirit and intent <br />of this ordinance, produces substantial justice and <br />is not contrary to the public interest. <br /> <br />Payment of a fee as determined by resolution of the City <br />Council which is commensurate with the cost of processing <br />this application. <br /> <br />The staff shall review and make recommendations to the <br />Planning Commission for their review and action. If a <br />conceptual rendering is needed, 10 copies (or one 8 1/2" <br />x 11") shall be provided by the applicant. The applicant <br />shall receive a copy of the ~taff report when copies are <br />distributed to the Planni~g Commission.-' - <br /> <br />After the Planning Commission makes a recommendation on <br />the variance application, its recommendation will be <br />forwarded to the City Council. <br /> <br />The City Council will make the final determination as to <br />whether the permit will be granted and under what conditions. <br /> <br />91 <br /> <br /> <br />