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HomeMy WebLinkAbout2004 10 25 Reports Date: 102504 The following Document was distributed on 10/25/04 during Attorney Garganese' s "Report" Sec. 20-34. Waivers. U!l Any real property owner may file a waiver application requesting a waiver for their real property from any term and condition of this chapter if the property owner clearly demonstrates that the applicable term or condition creates an illogicaL impossible, impracticaL or patently unreasonable result. (Ql The board of adjustment shall be required to review all waiver applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable conditional use criteria set forth in this section. @ Upon receipt of the board of adjustment's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the board of adjustment has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the board of adjustment's recommendation. @l In addition to the standard set forth in paragraph (a) above, all waiver recommendations and final decisions shall also comply with the following criteria: ill The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. @ The proposed development plan will significantly enhance the real property. ill The proposed development plan serves the public health, safety, and welfare. GL The waiver will not diminish propertv values in or alter the essential character of the surrounding neighborhood. 12- The waiver granted is the minimum waiver that will eliminate or reduce the illogicaL impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. (Q) The proposed development plan is compatible with the surrounding neighborhood.