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i <br /> f I ' PROCEDURESI <br /> rr <br /> 2xr <br /> C. Effect.The granting of a variance application in whole or in part 5. The Responsible Official shall notify the applicant of <br /> authorizes the applicant to submit a development application the decision on the variance application in the manner <br /> that complies with the standard as varied or modified, and provided in Section 2.3.2.1 of this Development Code. <br /> authorizes the decision-maker to evaluate the application using <br /> the varied standard,for the duration of the variance. B. Zoning Board of Adjustments Action <br /> Section 2.8.2.2 Application Requirements 1. The Zoning Board of Adjustments shall hold a public <br /> hearing and grant, grant subject to conditions or deny the <br /> A. Who May Apply.A variance application may be filed by a request for one or more variances. <br /> property owner or the applicant for any administrative or quasi- <br /> judicial development application. C. Burden of Proof.The applicant bears the burden of proof to <br /> demonstrate that a variance to the standards applicable to a <br /> B. A variance application shall be prepared in accordance with development application should be granted. <br /> Section 2.3.1.1. <br /> Section 2.8.2.413riteria for Approval <br /> C. The variance application shall contain a detailed written <br /> statement of the reasons why the standards requested to be A. In making its decision on the variance application,the Zoning <br /> varied should not be applied. Board of Adjustments shall apply the following criteria: <br /> D. The variance application shall be accompanied by the fee 1. There are special circumstances or conditions arising <br /> established by the City Council. from the physical surroundings, shape,topography or <br /> other feature affecting the land subject to the variance <br /> E. A variance application shall be accompanied by illustrations or application, such that the strict application of the <br /> other documents showing the effect of the requested variance provisions of this Development Code to the development <br /> on development to be proposed in the application. application would create an unnecessary hardship or <br /> inequity upon or for the applicant, as distinguished from <br /> F. Time for Filing Application.A variance application must be a mere economic impact, an inconvenience,frustration <br /> filed prior to filing of the development application for which the of objectives in developing the land, not permitting <br /> variance is requested. the highest and best use for the land,or depriving the <br /> Section 2.8.2.3Approval Process applicant of the reasonable and beneficial use of the land; <br /> A. Responsible Official Action 2. The circumstances causing the hardship do not similarly <br /> affect all or most properties in the vicinity of or similarly <br /> 1. Upon receipt of a variance application,the Responsible classified as the applicant's land; <br /> Official shall transmit the application to the Zoning Board <br /> of Adjustments for processing and determination in 3. The variance is necessary for the preservation and <br /> accordance with Section 2.3.1.1 enjoyment of a substantial property right of the applicant; <br /> 2. The Responsible Official shall provide personal notification 4. Granting the variance application shall not be detrimental <br /> of the public hearing before the Zoning Board of to the public health,safety or welfare, or injurious to other <br /> Adjustments in accordance with Section 2.3.2.1. property within the area; <br /> 3. The Responsible Official shall provide a report and 5. Granting the variance application shall not have the effect <br /> analysis on the criteria in Section 2.8.2.4 to the Zoning of preventing the orderly use and enjoyment of other <br /> Board of Adjustments. land within the area in accordance with the provisions of <br /> this Development Code, or adversely affect the rights of <br /> 4. The Responsible Official shall conduct a public hearing in owners or residents of surrounding property; <br /> accordance with Section 2.3.3.1. <br /> 2:50 , i ni Amended:Septembef 1,2020 <br />