2010 Ordinances - Laserfiche WebLink

Home Browse Search

o (2) The Agent shall provide written notification of the exception request to all adjacent property owners. The notification shall adhere to the following requirements: (a) Such notice shall specifically describe the exception requested and the date, time and location of the Planning Commission meeting first considering such request; and (b) Such notice shall be mailed by the Agent at least ten days before the Planning Commission meeting; and (c) Evidence that such notice was sent by first class mail to the last known address as shown on the current real estate tax assessment book shall be deemed adequate compliance. (3) The burden shall be on the subdivider to demonstrate the need for an exception. (4) The commission shall not approve any exception unless it first receives a recommendation from the Director of Planning and unless it finds that: (a) The granting of the exception will not be detrimental to public safety, health, or welfare, and will not adversely affect the property of others; (b) The facts upon which the request is based are unique to the property and are not applicable generally to other property so as not to make reasonably practicable the formulation of general regulations to be adopted as an amendment to this chapter; (c) No objection to the exception has been received in writing from the transportation department, City Engineer, health department, or fire chief; and, either (d) Strict adherence to the ordinance requirement will cause substantial injustice or hardship. The hardship or injustice is created by the unusual character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property. Personal, financial, or self-inflicted hardship or injustice shall not be considered proper justification for an exception; OR (e) The exception will permit development to follow standards consistent with those commonly referred to as Traditional Neighborhood Development or New Urbanism. (5) The commission in authorizing an exception may impose such reasonable conditions in addition to the regulations of this chapter as it may deem necessary in the public interest. The commission may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. (6) If granted, such exception shall be specifically stated in writing together with the supporting justifications and filed with the subdivision plan or such plat or plans deemed necessary by the Agent. A note shall be prominently placed on the record plat detailing any exception so granted. Page 10 of33