Ord 2000-022 - Laserfiche WebLink

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(1) The commISSIOn may authorize a variance from the standards of this article. Variances from the processes described in this article are not permitted. In granting a variance, the commission may prescribe conditions that it deems necessary or desirable in the public interest. In making the findings required in this subsection, the commission will take into account the nature ofthe proposed use ofthe land involved, existing uses ofland in the vicinity, alternatives that will achieve the purpose and intent of this article, and the probable effect of the variance upon the quality of water in the aquifer. No variance shall be granted unless the commission approves the variance by a vote of three-fourths of the members present, and makes all of the following findings based upon evidence presented to it: (A) There are unique conditions affecting the land involved that are not present or applicable to other property generally, such as terrain, floodplain, geologic, soil or tree cover conditions or other physical limitations, and these conditions cause extraordinary hardship in achieving strict compliance with this article. (B) Financial hardship is not the sole or primary basis for the variance request. (C) The granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area. (D) The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with this article. (2) A completed application for a variance must be submitted by the applicant to the planning director by the submission deadline set by the planning director for a commission meeting unless the commission finds good cause for accepting an application after that time. The applicant must provide in the application the factual basis for the findings required to be made by the commission under subdivision (1) above. (3) The findings of the commission, together with the specific facts upon which the findings are based, shall be incorporated into the official minutes of the commission meeting at which a variance is granted. Sec. 94.516. Regulated activities in transition zone. (a) When a regulated activity conducted in the transition zone includes any excavation, the person performing the regulated activity must either engage a qualified geologist to inspect the excavation upon completion, or notify the planning director to arrange for inspection of the excavation by city personnel upon completion. The inspection will be for the purpose of determining whether the excavation has uncovered any geologic or manmade feature that presents a possible avenue for recharge to the aquifer. If the inspection reveals that one or more such a features has been uncovered, the person performing the regulated activity must: (1) immediately notify the planning director; (2) utilize temporary BMPs to prevent pollution from entering the aquifer through the features; and (3) not perform any further work in the excavation until an application for review of the regulated activity is submitted to and approved by the planning director. (b) An application for review under this section must include, at a minimum, the following information: (1) Name, address, and telephone number of the property owner and the applicant. (2) A brief description of the regulated activities for which the application is submitted. (3) A scale drawing depicting the boundaries of the site, the location of the regulated activities on the site, the location of the relevant excavation, and the drainage patterns on the site in the vicinity of the excavation. 12