Ordinance 3826 - Laserfiche WebLink

1 , t:. A vVOLt niiYi ME or requirements of this Ordinance shall be authorized by the Board unless the Board finds that all the follow- ing facts and conditions exist: a. That there are exceptional or extraordinary circum- stances or conditions applying to the subject pro- perty or as to the intended use thereof, that do not apply generally to other properties in the same vicinity or zone. b. That such variance is necessary for the preservation and enjoyment of a substantial property right of the appellant possessed by the owners of other properties in the same vicinity or zone. c . That the authorization of such variance will not be materially detrimental to the public welfare or in- jurious to property in the vicinity or zone in which the property is located. d. That the granting of such variance will not adverse- ly affect the comprehensive general plan. In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary to carry out the spirit and purposes of this chapter and in the public interest, provided however, that a variance so authorized shall become void after the expiration of one year if no substantial construction has taken place in accordance with the plans for which such variance was authorized. Section 15.04.410 Procedure. Applications for re- quesf for special exceptions for variances from the ruling of the Building Inspector, concerning the provisions herein contained, may be made to the Board within such time as shall be prescribed by the Board. The City Clerk shall be the Secretary of the Board and shall receive all applications for requests for special excep- tions, requesting review of the Building Inspector's interpretations of the provisions of the zoning or- dinance and any orders, requirements, decisions, or determinations relating thereto for a variance; and shall maintain and be custodian of all records of the minutes of the meetings and findings of the board. All records shall be open to the public. Copies of the appellants notice of request for all special exceptions shall be filed with the Building Inspector, Planning Commission, and The Board, containing the decision of the Building Inspector and the reasons why the appellant is aggrieved, specifying the grounds therefor; and with each application of request for a special exception filed with the City Clerk there shall be paid a fee of $15.00 to cover the city's cost of handling said request for a special exception. Upon the filing of such an application, the Building In- spector shall forthwith transmit to the Board all papers constituting the record and decision of the Building Inspector relating to the request for a special exception.