Ord 1982-018 - Laserfiche WebLink

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property involved, a strict application deprives such property of privileges or safety enjoyed by other similarly situated property with similarly timed development. Where such conditions are found, the variance permitted shall be the minimum departure from the terms of this chapter necessary to avoid such deprivation of privileges enjoyed by such other property and to facilitate a reasonable use, and which will not create significant probabilities of harmful environmental consequences. The Council may not grant a variance if it would provide the applicant with any special privileges not enjoyed by other similarly situated property with similarly timed development, or if based on a special or unique condition which was created as a result of the method by which a person voluntarily subdivides land after the effective date of this ordinance. B. The City Council shall prepare written findings of fact justifying its grant or denial of a variance under this section. Sec. 11. Automatic issuance of permit if not denied; reasons for denial required. A site development permit not denied or disapproved by the Director of Public Works, or his designated representative, within twenty (20) working days following the date of application shall be issued automatically to the applicant. If the Director of Public Works, or his designated representative, denies the permit or disapproves it pending receipt of additional information, he shall notify the applicant in writing via Certified Mail. His letter to the applicant shall be accompanied by a detailed statement of the reasons for such action, which reasons must be based on standards contained herein. The permit shall be effective ten (10) days after issuance unless within that period an appeal is filed under Section 13. Sec. 12. Aggrieved property owner may appeal denial of permit to the Ci ty Counci 1 . If the site development permit is denied, the aggrieved property owner may appeal to the City Council by filing a written notice with the City Secretary. Said notice shall point out with specificity why, in the opinion of the aggrieved property owner, the denial was improper. The City Council shall set a date for a hearing upon such appeal within fifteen (15) days of the date of filing and shall notify the property owner in writing of such hearing date. The City Council may issue the permit if it finds that the Director of Public Works, or his designated representative, exceeded his discretion in denying same. Sec. 13. Appeal of issuance of permit. A. Any affected person owning property within 200 feet of the proposed development may appeal the issuance of a site development permit by the Director of Public Works. B. Such appeal must be made in writing to the City Secretary within ten (10) days after the date of issuance of a site development permit and must contain specific engineering data comparable to 11