Section 25.12.640 Procedure.

1. Application. A variance under the provisions of this subchapter may be sought only in conjunction with an appeal from a decision of the zoning administrator as provided in Subchapter VIII of Chapter 25.12. Applications for a variance shall be submitted in two duplicate copies to the zoning administrator. A nonrefundable application fee, as established from time to time by the city council to help defray administrative costs and costs of a hearing, shall accompany each application. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the zoning administrator and shall contain the following information and documentation:

a. The name and address of the applicant and his interest in the subject property;

b. The name and address of the owner, if different than the applicant, and the owner's signed consent to the filing of the application;

c. The street address or common description and legal description of the subject property;

d. The names and addresses of all property owners of record entitled to notice under applicable statutes and provisions of Chapter 25.22 of this title;

e. The present use and zoning classification of the subject property;

f. Such other and further information and documentation as the zoning administrator may deem necessary and appropriate to a full and proper consideration and disposition of the application, which may include the following:

A site plan, drawn to a scale of not less than fifty feet to the inch, on one or more sheets, illustrating existing structures and the proposed construction, reconstruction, remodeling, alteration or moving, and including the following:

(1) Property boundary lines and dimensions of the property and any significant topographic or physical features of the property,

(2) The location, size, use and arrangement of proposed buildings and of existing buildings which will remain, if any, including height in stories and feet, where relevant; floor area ratio; total floor area; total square feet of ground area coverage; and number of dwelling units,

(3) Minimum yard dimensions and, where relevant, relation of yard dimensions to the height of any building or structure,

(4) Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles; and total lot coverage of all parking, loading, driveway and aisle areas,

(5) Location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening,

(6) Location, designation and total area of all usable open space,

(7) The location, use and size of structures and other land uses within one hundred feet of the boundaries of the subject property,

(8) Any other information that may be required to be shown on the site plan by the zoning administrator to determine that the application is in compliance with the codes and ordinances of the city;

g. A statement of the particular requirements of this title which prevent the proposed use or construction;

h. A statement of the characteristics of the subject property which prevent compliance with the said requirements of this title;

i. A statement of the minimum variance of the requirements of this title which would be necessary to permit the proposed use or construction;

j. A statement of the unnecessary hardship, practical difficulty or lack of fair return which would result if said particular requirements of this title were applied to the subject property. Such statement shall expressly refer to each of the conditions contained in either subsection 1, 2 or 3 of Section 25.12.642 or this subchapter, whichever is relevant, and shall state what evidence supports the existence of each condition established by those subsections and by Section 25.12.650;

k. A statement illustrating economic factors relative to the property that the applicant believes are sufficient to demonstrate that the requested variance is necessary to avoid depriving all reasonable or beneficial use of the property. Such statement may include:

(1) Financial information relative to past or projected income and expenses of uses allowed in the subject zoning district;

(2) Information to indicate the impact of the provisions of the zoning ordinance on the value and/or marketability of the property; or

(3) Any other information which the applicant believes demonstrates the level of economic hardship required to justify a variance from the provisions of this title.

l. Such other and further information and documentation as the board of adjustment may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

2. Action by Zoning Administrator. Upon receipt of a completed application, the zoning administrator shall refer it to the board of adjustment for hearing and decision as hereinafter provided.

3. Public Hearing. A public hearing shall be set, advertised and conducted by the board of adjustment in accordance with Chapter 25.22 of this title.

4. Action by Board of Adjustment. The board of adjustment shall render its decision granting or denying the variance, in the manner specified by Subchapter I of Chapter 25.06 at the close of the public hearing. However, if a majority of the board requests additional information, the decision may be delayed until the next regularly scheduled meeting of the board. After the board of adjustment has rendered a decision to grant a variance, the decision shall be sent to the city council for its review. When a decision to grant a variance has been sent to the city council, the effective date of that variance will be either the day following the council meeting at which the variance was on the council's agenda and the council did nor remand the decision back to the board of adjustment for further study or the day the board of adjustment has made a final decision on the variance after the city council remands the decision back to the board of adjustment for further study. Variances remanded back to the board of adjustment for further study shall be considered at the next regularly scheduled meeting of the board. If an action for certiorari is filed with the district court while a variance is under review by the city council, the action in certiorari will take priority over the review by the council and the council will not review the variance. The failure of the board to act within thirty days shall be deemed a denial of the variance. Within seven days following such decision or the expiration of such period, the zoning administrator shall mail notice of such decision or failure to act to all persons entitled to such notice pursuant to Section 25.22.020-21 of this title. (Ord. 2004-0438; 99-8572; 86/T-4688; S-30424, 1976)