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Process
 
Process for Zoning Variance Procedures
The Planning Commission conducts public hearings generally twice a month on matters such as Variances. Applications must be submitted approximately thirty days before the scheduled Planning Commission public hearing. Specific submittal deadline dates are available in the Permit Center.

When an application is received in Planning, it is date-stamped, receipted and tentatively listed in the Planning Commission meeting log and the Project Clearance Committee log. The two projected meeting dates are noted at the bottom of the front of the application form.

The file number is noted on the correct parcel in the assessor's book. Related file numbers are read from the assessor's book and VISO strips and noted on the bottom of the back side of the application form and inside the front cover of the file folder.

Information about the application is entered into the Records Management System residing on the Data General computer.

Coordination reports are prepared and a copy of the plot plan is forwarded to the appropriate City departments and non-City agencies for review and comment. A planner prepares a marked copy of the proposed plot plan.

Approximately seven to ten days after transmittal, the Variance application is considered by the Project Clearance Committee. All agency concerns regarding the application are discussed as well as necessary design changes, recommended conditions of approval and environmental findings. The applicant and/or a representative is encouraged to attend. The Committee must determine if the application contains all necessary information in order to be deemed complete. Copies of the minutes are mailed to each owner and applicant approximately five days after Project Clearance Committee review.

When the Committee determines that a Negative Declaration or an Environmental Impact Report is required, the appropriate process must be completed prior to scheduling the item for public hearings.

At least ten days prior to the Planning Commission meeting, property owner's Notices of Hearing are mailed to all property owners within a three hundred foot radius of the property. Ten days prior to the meeting, notices are posted on public poles in the immediate area of the proposal. Concerned citizens may contact the Planning Division and submit written comments regarding the application. They may also formally address the Planning Commission at the Public Hearing regarding the proposal.

Staff prepares a report for each item on the Commission agenda. At their meeting, the members of the Planning Commission review staff recommendations, public testimony and the applicant's presentation. The Commission either approves or denies the variance, based on the findings contained in Article 54.

Within ten days, minutes of the Planning Commission meeting are prepared for public review.

The Commission's decision is final unless appealed. The owner/applicant or any concerned person may file an appeal of the Commission action with the City Clerk for hearing by the City Council. Any such appeal must be filed within 7 calendar days of the Commission action; the appeal process begins at the Permit Center and must be accompanied by the appeal fee. The City Council may appeal an action of the Planning Commission at the time of the Council review of the Planning Commission minutes.

If construction of the improvements implementing the variance action has not begun within two years after the approval date, an extension request must be filed (for up to a maximum of two years). If no extension is filed or if the Commission denies the extension, the variance action becomes null and void.