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Ordinance No. 19197
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Ordinance No. 19197
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Last modified
6/10/2010 3:43:37 PM
Creation date
3/16/2009 2:26:51 PM
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Council Ordinances
CMO_Document_Number
19197
Document_Title
Ordinance concerning land use application processes; amending, adding and repealing Sections of the Eugene Code, 1971; & providing for an effective date. (See Ordinance for complete list of effected Sections.)
Adopted_Date
11/16/1983
Approved Date
11/16/1983
CMO_Effective_Date
1/1/1984
Signer
R. A. "Gus" Keller
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/~'/ <br />Section 1z. Sections 9.09D and 9.095 of the Eugene code, 197 are <br />hereby amended to read and provide: <br />9.090 variance Provisions. <br />~1} Relationshi to Other Provisions. When the rovisions in <br />section 9.090 conflict it p. • <br />w h or are more stringent than those ~n sections <br />9.030 or 9,044, section 9.090 provisions apply. <br />~2} A lication. <br />~a} Time for Submittin A lication. When submitten a minor <br />artition or tentative la g <br />p p n for consideration and approval, a person <br />may also submit an application fora variance to provisions of sec- <br />. bons 9,030 to 9,085 of this code. . <br />. fib} Contents of A lication. Ana licatian with such re -- <br />. ~nformat~on as prescribed by the planning department shall be <br />submitted by the applicant, together with a fee set by the council. <br />The application shal l cite the provisions from which the variance <br />is requested and shall include statements of fact showing that the <br />variance is warranted based on required approval criteria, <br />~3} Notice. Within ten days after a complete and accurate <br />application is submitted and at least ten days before makin a decision the <br />plannin de artment shall m ' g ' <br />9 p ail notice of the request to the owners and occu- <br />pants of abutting properties and owners and occupants of properties that <br />would be abutting the subject area if there were no intervenin streets. <br />The native shall describe the n g <br />ature of the variance request, <br />~ 4} Pl ann i n Director Decision . <br />. .~a} Unless the applicant agrees to a longer time eriod <br />within 30 da s of revel t p ' <br />y p of a complete and accurate application, <br />the planning director shall approve, conditionally approve, or <br />deny a variance request, with findings and conclusions thereon. <br />The planning director`s decision shall be based an the followin <br />criteria: g <br />~. The provisions}, if strictly applied, would cause <br />unique and unnecessary hardship to the applicant i n subdi - <br />viding or partitioning the subject area. <br />~. When the application i s fora variance from the pro- <br />visions in section 9.045 to 9,085, unusual topographic condi- <br />tions or,previous layout of the partition or subdivision or <br />ne~ghbor~ng area reasonably require the variance, and the <br />variance will not be substantially injurious to the best use <br />and value of property in the neighboring area, <br />3 . When the appl i cati an i s fora variance from pravi - <br />sions in sections 9,030 to 9.040, the purpose of those pravi-' <br />suns has been fulfilled without a strict application thereof. <br />fib} ~f the application requires re--exami nati on of exi sti n <br />standards or alicies the lanai g <br />p p ng director may refer the matter <br />to the planning commission fora decision. <br />~c} Dn the date it is entered, the panning director shall <br />mail a copy of the decision to the applicant and parties who have <br />requested a copy. ~f the planning director denies a variance re~- <br />quest, the reasons therefor shall be included in the decision. <br />~5} Effective Date. Unless appealed, a variance decision is <br />effective on the eleventh day after it is entered. <br />~6} A eal, .The provisions far appeal of variance decisions <br />shall be as set forth in section 9,0357} of this code, <br />Ordinance -~6- <br />
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