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.