Resolution 2437 - Laserfiche WebLink

r notify these individuals of a hearing date and request that written comments be 2 received prior to the actual date of hearing or that testimony be presented at the 3 hearing concerning the variance request. 4 5. The administrator shall hold a public hearing on the application for 5 variance and, besides following the procedures set forth in Paragraph 4, shall publish 6 notice of the hearing not less than ten (10) days prior to the hearing in a newspaper of 7 general circulation. All hearings shall be public. The hearing notice shall include a 8 description of the location of the subject property which written description shall be 9 other than a legal description. 10 6. No variance shall be authorized by the administrator unless the 11 administrator finds the following facts and conditions exist: 12 a. That there are exceptional or extraordinary circumstances or 13 conditions applying to the applicant's property, or as to the intended use thereof, that do not apply generally to other 14 properties in the same noise control district; 15 b. That such variance is necessary for the preservation and enjoyment of a substantial personal or property right of the applicant 16 possessed by the owners of other properties in the same noise control district; 17 c. That the authorization of such variance does not endanger public 18 health or safety of named persons in the same or adjacent noise control districts; 19 d. That the granting of such variance will not adversely affect the 20 general policy and purpose of this act set forth in EMC 20.08.010. 21 7. In authorizing a variance, the administrator may attach thereto such 22 conditions regarding noise level, duration, type and other considerations as the 23 administrator may deem necessary to carry out the policy and purpose of the City's 24 Noise Code. 25 8. The administrator shall render his decision in writing, either granting or 26 denying the variance setting forth findings and conclusions supporting the decision 27 which shall be forwarded to the applicant. 28 9. Any person aggrieved by the decision of the administrator may appeal to 29 the City's hearing examiner provided such appeal is filed with the office of the Hearing 30 Examiner/Board of Adjustment within ten (10) working days following the issuance of 31 the administrator's decision. 32 -2-