08-13-2020 Council Packet - Laserfiche WebLink

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July 20, 2020 page 10 Sec. 82-47. - Fees for subdivision applications. 374 (a) The fees to be paid for each application for subdivision shall be in the amount prescribed by the 375 current city fee schedule provisions. Fees shall be payable at the time applications are filed with the 376 zoning administrator. There shall be no fee in the case of applications filed in the public interest by the 377 council or by the planning commission. 378 (b) No person shall be issued a permit pursuant to chapter 82 by the city until each applicant shall have 379 paid to the city clerk the fixed and additional costs incurred by the city in reviewing the application as 380 provided in this chapter. 381 (c) Each applicant shall be charged the fixed fee specifically provided in this chapter or other provisions 382 of this Code including the current fee schedule adopted by the city council as required to cover the 383 costs incurred by the city in administratively processing and reviewing the subdivision. 384 (d) Application fees are not refundable unless the application is withdrawn prior to referral to the planning 385 commission. In the case of such timely withdrawal, the amount of refund shall be reduced by the costs 386 incurred by the city prior to withdrawal, including but not limited to staff time, notification publication 387 expenses, and consultant costs. 388 (e) Each applicant shall comply with the provisions of chapter 75, reimbursement of development 389 expenses, escrows. 390 Sec. 82-48. - Variances. 391 (a) Standards. Where the city finds that unusual hardship may result from strict compliance with the 392 provisions of this chapter, other than the procedural provisions, and the purposes of this chapter may 393 be served to a greater extent by an alternative proposal, the city may approve variances to this chapter 394 so that substantial justice may be done and the public interest secured, provided that such a variance 395 shall not have the effect of nullifying the intent and purpose of this chapter; and further provided the 396 city shall not approve variances unless it shall make findings based upon the evidence presented to it 397 in each specific case that: 398 (1) An unusual hardship on the land exists, including but not limited to inadequate access to direct 399 sunlight for solar energy systems; 400 (2) The granting of the variance will not be detrimental to the public safety, health or welfare or 401 injurious to other property; 402 (3) The conditions upon which the request for a variance is based are unique to the property for 403 which the variance is sought and are not applicable generally to other property; 404 (4) Because of the particular physical surroundings, shape or topographical conditions of the specific 405 land involved, an unusual hardship to the land would result, as distinguished from an 406 inconvenience or hardship to the subdivider, and it is found that the strict enforcement of this 407 chapter would result in an environmentally unsound development of the land; 408 (5) The variance will not in any manner vary the provisions of the Community Management Plan; 409 (7) The variances will not in any manner vary the procedural requirements of this chapter. 410 (b) Conditions. In approving the variance, the city may require such conditions as will, in its judgment, 411 secure substantially the objectives of this chapter.. 412 (c) Procedure. An application for any such variance shall be submitted in writing by the subdivider at 413 the time when the preliminary plat is filed. The application shall state fully the grounds and all of the 414 facts to justify the granting of a variance and will be approved or denied at the time the council reviews 415 the preliminary plat. 416