§ 29-01-080. Administrative variance.
(a)
Eligibility. The administrative variance procedure may be used provided that:
(1)
The requested variance does not exceed twenty-five (25) percent of the basic standard;
(2)
All owners of subject property sign the application;
(3)
The granting of the requested variance is not detrimental to the surrounding properties or in conflict with any other codes;
(4)
The property to be affected by the proposed variance is a lot in a previously platted and approved subdivision or the entire parcel of record.
(b)
Submission requirements. The applicant is required to submit to the city the following:
(1)
Completed application form together with support documentation; and
(2)
Applicable fees in accordance with section 2-01-030(h) of this Code.
(c)
Procedure.
(1)
Within two (2) weeks of receiving the application and all required materials, the planning division will make an initial determination of eligibility for administrative approval. If the proposal is ineligible, the planning division will promptly notify the applicant that the full variance procedure is required. If the proposal is facially eligible for administrative approval, the planning division will publish notice of the proposal in a newspaper of general circulation in the city. Notice of the proposed variance shall also be mailed by first class mail to the owners, as shown by the records of the county treasurer, of land within the area for which the variance is requested and of land within two hundred (200) feet of the area for which the variance is requested exclusive of streets, alleys and other public rights-of-way.
(2)
At least seven (7) days after publication and notification, if no protests are received from adjacent or abutting property owners or if total protests equal less than ten (10) percent of the land within the protest area, the planning division will forward the proposal to the city manager with staff comments and recommendations. Within two (2) weeks of receiving the application, the city manager will determine whether the variance is approved or should be diverted to the city commission for public hearing.
(3)
Should the city manager direct the variance application to the city commission for public hearing, the planning division shall notify the applicant and place the item on the next available city commission agenda, after publication and notification. The applicant will then be required to reimburse the city for the cost of republication and re-notification of the proposed action.
(4)
If the city manager approves the administrative variance, he shall sign the application signing approval by the city, may require such conditions as will, in his judgment, secure substantially the objectives of the regulations varied and shall forward it to the city clerk for filing with the county clerk, in accordance with standard city procedures. The city manager will advise the city commission, in writing, of all administrative variances granted and any conditions imposed. If the applicant disagrees with the conditions set by the city manager the applicant may appeal to the city commission.
(5)
If protests are received from adjacent or abutting property owners or total ten (10) percent or more of the land within the protest area, the variance application shall be referred to the city commission for public hearing. The applicant will then be required to reimburse the city for the cost of re-publication and re-notification of the proposed action.
(d)
Reservations. By providing for the administrative variance procedure, the city does not waive its rights to require the applicant to satisfy the city's usual requirements for variance approval including, but not limited to, the following:
(1)
Provisions for adequately addressing anticipated drainage problems or unstable soil conditions; and/or
(2)
Requirements for waiver of protest agreements and avigation easements.
Such requirements may be addressed as a condition of administrative variance approval, if practicable. If agreement is not reached, either the city manager or the applicant may require that the application be placed on the next available city commission agenda.
(Ord. No. 838, § 2, 11-12-91; Ord. No. 953, § 2, 7-11-95; Ord. No. 989, § 1, 8-26-96; Ord. No. 1234, § 1, 3-22-05)