Ordinance No. 19770 - Laserfiche WebLink

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9.030 or 9.035, section 9.090 provisions apply. ~ 2 } Appi i cat ~' o_n_. . ~a} Time.for,Submittin. A lication. When submitting a par- t ~ t ~ on or subd i v~ s ~ on tentative plan for consideration and approval , a ,person may also submit an application far a vari ance to provi - s ~ ons of sect ~ ons 9.030 to 9.085 of th ~ s code . fib} Contents of A,p,pl ication. An app1 ication and rei aced in- formation prescribed by the city as required for approval of a vari ance shat 1 be submitted by the applicant, together wi th a fee set by the city manager as provided by section 2.020 of this code. The application shal 1 cite the provisions from which the vari ance i s requested and shall include statements of fact showing that the vari ance i s warranted based on required approval criteria, . ~3} ,Nam,. Within ten days after a complete and accurate appli- cat~ on ~ s subm~ tted but no less than ten days before the planning director makes a deci si on, notice of the request shall be mailed to the owners and occupants of property located within 100 feet of the perimeter of the subject property. The notice shall describe the nature of the variance request. ~4} Planning Director Dec„sion. Via} Unless ~t~he appl~~~cant agrees to a 1 onger time period, within 30 days of receipt of a camel ete and accurate appl i cati vn, the planning director shall approve, conditionally approve, or deny a vari ance request, with findings and conclusions thereon . The planning director's decision shall be based on the fallowing cry tern a: 1. The provisions}, if strictly applied, would cause unique and unnecessary hardship to the applicant in subdi- viding or partitioning the subject area. 2. When the application is for a variance from the pro- visions in section 9.045 to 9.085, unusual topographic condi- tions or previous layout of the partition or subdivision or neighboring area reasonably require the variance, and the vari ance wi 11 not be substantially injurious to the best use and value of property i n the neighboring area. 3. When the application i s for a vari ance from provi - sions in sections 9.030 or 9.035, the purpose of those pro- vi s ions has been ful f i 11 ed wi thout a stri ct app1 i cati an thereof , fib} Within five days after the planning director renders a decision, the city shat l mai 1 notice of the decision to the appl i - cant, persons who have requested notification, and persons who were entitled to receive notice of the applicant's request under subsection ~3} of this section. The notice shall summarize the decision and inform of the opportunity to appeal the decision i n the manner provided i n subsection ~ 6 } of this section . ~5} Effective Date. Unless appeal ed, a vari ance decision i s effective on the eleventh day after notice of the decision i s mai 1 ed under subsection ~4} of this section. ~5} Appeal . The provisions for appeal of vari ance decisions shall be as set forth in section 9.0301} or 9,0351} of this codes which- ever i s applicable. Ordinance - 30