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a <br /> A,W116:JP4 1 41W J, _ _ - <br /> ME <br /> ROL <br /> rule on the request for a variance. If the Planning and only with respect to the particular standard, situation <br /> Zoning Commission denies the applicant's request for a and circumstance for which it is granted and shall apply <br /> variance they shall include findings of fact to show that the only to the property for which it is granted (i.e., it is not <br /> location or the restaurant: personal to the applicant). <br /> a. Is not in the best interest of the public; 2. No alternative compliance may be enlarged,extended, <br /> increased in intensity or relocated unless a new alternative <br /> b. Would constitute waste or inefficient use of land or compliance is granted in accordance with this Section. <br /> other resources; <br /> 3. Initiation of development based upon any alternative <br /> c. Creates an undue hardship on the surrounding compliance shall not be authorized until the applicant has <br /> properties; secured all other permits and approvals required by this <br /> d. Does not serve its intended purpose; Development Code. <br /> e. Is not effective or necessary: or Section 2.8.4.2Application Requirements <br /> f. Any other reason the Planning and Zoning A. An application for approval of alternative compliance shall be <br /> Commission finds after consideration of the health, prepared in accordance with Section 2.3.1.1. <br /> safety, and welfare of the public and the equities of Section 2.8.4.3Approval Process <br /> the situation. <br /> A. Responsible Official Action <br /> DIVISION 4: ALTERNATIVE COMPLIANCE 1. The Responsible Official shall schedule a public hearing <br /> Section 2.8.4.1 Purpose, Applicability, Exceptions and Effect before the Planning and Zoning Commission on the <br /> application for alternative compliance, and shall cause <br /> A. Purpose.The purpose of a request for alternative compliance personal notice to be given in accordance with Section <br /> is to allow the modification of certain development standards 2.3.2.1. <br /> where the modification is compatible and consistent with the <br /> character and intent of the applicable district and where the B. Planning and Zoning Commission Action.Alternative <br /> modification shall not substantially and adversely affect the compliance requests shall be decided by the Planning and <br /> adjacent property or the use thereof. Zoning Commission, subject to appeal to City Council, unless <br /> otherwise stated in this Development Code. <br /> 1. Alternative compliance requires individual review in <br /> order to ensure the appropriateness of the standard, as 1• The Planning and Zoning Commission shall conduct a <br /> modified, within a given district. public hearing on the application in accordance with <br /> Section 2.3.3.1. <br /> B. Applicability.Alternative compliance may be requested and <br /> granted only for those standards with respect to which this 2. The Planning and Zoning Commission shall be the initial <br /> Development Code specifically provides may be the subject of decision-maker, on whether to approve, approve with <br /> conditions or modifications,or deny the application. <br /> alternative compliance. <br /> C. Effect.Approval of alternative compliance and all other 3. Conditions.The Planning and Zoning Commission may <br /> required development permits authorizes the development of require such modifications to the proposed alternative <br /> the property in accordance with standards, as modified by the compliance request and attach such conditions deemed <br /> alternative compliance, and other development permits. necessary to mitigate adverse effects of the proposed <br /> alternative compliance and to carry out the spirit and intent <br /> 1. Approval of an alternative compliance request shall be of this Section. <br /> deemed to authorize the requested modified standard <br /> Amended: September 1, 2020 2:55 <br />