Where there is need to allow variance to avoid unreasonable
practical difficulties or unreasonable and unnecessary hardships resulting
or arising from any setback line established by ordinance in the City,
the City Council upon its own motion or upon verified petition, filed
with the Clerk of the City Council, of any property owner whose property
is directly affected by such setback line, shall have power to allow
by its resolution upon such reasonable terms and conditions as the
City Council may deem proper and under the circumstances and subject
to the conditions and provisions hereinafter specified, variance from
the restrictions and prohibitions of any such setback line.
(Ord. 2062 §1, 1946; Ord. 2585, 1957; Ord. 3710, 1974; Ord. 3769, 1975)
Variance shall be allowed and permitted under this chapter only
in consonance with the general purpose and objective of whatever setback
line may be involved; and, only in such instances and only to such
extent that the public welfare, safety and convenience shall be duly
secured, with substantial justice done with respect to all concerned.
(Ord. 2062, §3, 1946; Ord. 2585, 1957; Ord. 3710, 1974; Ord. 3769, 1975)
Moreover, variance shall be authorized under this chapter upon
the following additional provisions and conditions:
A.
That
whatever improvements may be constructed, erected or made pursuant
to any variance authorized under this chapter shall be and must be
wholly removed in the event of any future public acquisition by condemnation
of the real property whereon such improvements may be constructed,
erected or made at the sole expense of the property owner to whom
leave for such variance was granted the owner of the property at the
time of the condemnation by the City.
B.
That
variance shall be allowed by the City Council only upon the filing
with the Clerk of the City of a written agreement and undertaking
signed and acknowledged by the property owner involved and by its
term binding the property owner or whoever shall be the owner of the
property involved at the time of any future condemnation such as that
abovementioned, to wholly remove whatever improvements may be constructed,
erected or made under or pursuant to the leave granted under this
chapter, which removal shall be at the sole cost and expense of the
property owner.
C.
That
variance shall be allowed under this chapter only upon the further
express condition and provision that if the property owner signing
the aforementioned written agreement and undertaking any other owner
of such property at the time of condemnation thereof shall fail to
wholly remove all improvements constructed, erected or made under
this chapter, the same may be removed by the City if it acquires by
condemnation the land involved as contemplated by this chapter, at
the sole expense of such property owner or owners.
D.
That
variance shall be authorized under this chapter only upon the express
provision and condition of the property owner or owners involved evidenced
as above stated and expressly waiving and renouncing any and all right
or claim to damages or compensation in favor of any such property
owner or owners involved or otherwise arising by reason of the severance
of any improvement constructed, erected or made under this chapter
from any other or remaining improvement or by reason of the removal
of any such improvement constructed, erected or made pursuant to leave
authorized by this chapter, if the City acquires the land involved
by condemnation.
E.
That
variance shall be authorized by the City Council under this chapter
by resolution of the City Council setting forth the written findings
of fact required by subsection "A" next following:
Subsection "A": In order to justify any variance under the provisions
of this chapter, the three following qualifications must be shown
relative to the property involved in the application for such variance;
and the City Council's resolution of approval in connection with any
such applications must contain written findings of fact showing wherein
the property involved meets the three following qualifications:
1.
That
there are exceptional or extraordinary circumstances or conditions
applicable to the property involved that do not apply generally to
all property affected by the setback line involved, and which produce
unreasonable practical difficulties or unreasonable and unnecessary
hardships in the way of adhering to the setback line or lines as established
without the granting of leave for any variance therefrom.
2.
That
such variance is necessary for the preservation and enjoyment of a
substantial property right of the petitioner in consonance and harmony
with the enjoyment of their property by other neighboring owners,
subject to the setback line involved.
3.
That
the granting of such variance will not be materially detrimental to
the public welfare or injurious to the property or improvements subject
to the setback line involved.
(Ord. 2062 §4, 1946; Ord. 2585, 1957; Ord. 3710, 1974; Ord. 3769, 1975)
The decision of the City Council in granting or refusing any
petition for any variance under this chapter or any granting on its
own motion any variance under this chapter pursuant to the provisions
of this chapter, shall be final and conclusive without any right of
appeal.
(Ord. 2062 §6, 1946; Ord. 2585, 1957; Ord. 3710, 1974; Ord. 3769, 1975)
Every petition filed under this chapter shall state fully the
grounds upon which leave for variance is sought and the facts warranting
the proposed allowance of variance.
(Ord. 2062 §2, 1946; Ord. 2585, 1957; Ord. 3710, 1974; Ord. 3769, 1975)
Every resolution hereafter allowing variance from any setback
line shall be entered in full in the minutes of the City Council.
(Ord. 2062 §5, 1946; Ord. 2585, 1957; Ord. 3710, 1974; Ord. 3769, 1975)
Save and except under and as allowed pursuant to the provisions
and procedure prescribed by this chapter, no improvements shall be
constructed, erected or made in violation of any setback line ordinance
of this City within the prescribed limits established by such setback
line ordinance.
(Ord. 2062 §7, 1946; Ord. 2585, 1957; Ord. 3710, 1974; Ord. 3769, 1975)
