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Proposed Revised Code <br /> Sec. 78-122. References to planning commission <br /> Before authorization of any variances by the council, the request shall be referred to the planning <br /> commission for study concerning the effect of the proposed variance upon the Community <br /> Management Plan and on the character and development of the neighborhood;p and for its <br /> recommendation to the council for theantin of such variance so as to relieve such difficulties <br /> �' g <br /> or hardship to the degree considered reasonable without impairing the intent and purpose of this <br /> chapter. The planning commission shall recommend such conditions related to the variance <br /> regarding the location, character and other features of the proposed building, structure or use as it <br /> may deem advisable. In considering an application for a variance, the council shall consider the <br /> advice and recommendation of thelannin commission. <br /> p g <br /> Changes here are to substitute planning commission for board of adjustment and appeals and <br /> Community Management Plan for municipal comprehensive plan. The last sentence is moved <br /> from 78-123. The bypass provision is removed. <br /> Sec. 78-123. Basis for Approval <br /> (a) A variance may be granted if: <br /> 1. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate an undue hardship. An undue hardship means the <br /> property in question cannot be put to a reasonable use if used under conditions <br /> allowed by this chapter. Economic considerations alone shall not constitute an undue <br /> hardship if reasonable use for the property exists under the terms of this chapter. <br /> Undue hardship includes inadequate access to direct sunlight for solar energy <br /> systems. <br /> and <br /> 2. The plight of the landowner is due to circumstances unique to the property not created <br /> by the landowner. <br /> and <br /> 3. The variance will not alter the essential character of the locality. <br /> and <br /> 4. The variance will not be contrary to the spirit and intent of this chapter. <br /> (b) The council may impose conditions in granting of variances to ensure compliance with <br /> this chapter and to protect adjacent properties from adverse impacts. <br /> (c) A variance may not allow any use that is not allowed by the zoning of the property except <br /> to allow the temporary use of a one family dwelling as a two family dwelling. <br /> 7 <br />