Where the city council finds that extraordinary hardships or
practical difficulties may result from strict compliance with these
regulations when applied to a modification or expansion of a preexisting
nonconforming manufactured home park or subdivision, or that the purposes
of these regulations may, in such circumstances, be served to a greater
extent by an alternative proposal, it may approve a variance to these
manufactured home park and subdivision regulations, so that substantial
justice may be done and the public interest served. Such a finding
by the city council shall not have the effect of nullifying the intent
and purpose of these regulations.
(Ordinance 99-328-7, § 1(A),
adopted 8/19/1999)
(a)
The
city council shall not approve a variance unless it shall make findings
based upon the evidence presented in each specific case that:
(1)
The granting of the variance will not be detrimental to the public
safety, health, or welfare or injurious to other property;
(2)
The relief sought will not in any manner vary the provisions of any
other city ordinance or regulation;
(3)
The conditions upon which the request is based are unique to the
property for which the relief is sought and are not applicable generally
to other property; and
(4)
Because of the particular physical surroundings, shape, or topographical
conditions of the specific property involved, a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of these regulations is carried out.
(b)
Any
variance granted by the city council shall be based upon the specifics
of the particular application and request before them and shall have
no precedent setting effect to other applications or development proposals.
(c)
In
approving a variance, the city council may require such conditions
as will, in its judgment, secure substantially the purposes described
in this division.
(Ordinance 99-328-7, § 1(B)—(D),
adopted 8/19/1999)
(a)
A request
for a variance pursuant to this section shall be submitted in writing.
The request shall state fully the grounds for the variance request
and all of the facts relied upon by the applicant.
(b)
All
applicable fees must be paid at the time of submission of a request
for variance, including fees required for park or plat review, and
the fee for manufactured home park and subdivision ordinance variance,
at the amounts established by the city council from time to time.
No request for a variance will be considered complete until all fees
have been paid to the city.
(c)
All
applications shall be reviewed and acted following a hearing before
the city council.
(Ordinance 99-328-7, § 1(E),
adopted 8/19/1999; Ordinance
22-701-15, § 1, adopted 11/17/2022)
