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HomeMy WebLinkAboutAPPLICATION - VARIANCE - 02-00016 - College Park Apartmentss APPLICATION FOR VARIANCE CITY OF REXBURG Address � City State �� Phone 3_S OWNER: m to if o er not plicant) Name Address Z © , City State �Q Phoneme PROPERTY COV4ED BY PERMIT: Legal Description (Lot, Block, Addition, Division Number) Will this have an impact on schools: /10 OF REQUEST: Briefly explain why variance is required: I ' nn n 0011 I i TR 1 /mac_ . _ —._ 100 1602, M VARIANCE REQUIREMENTS ,.12 Variances The Planning and Zoning Commission may authorize variances or modifications from the provisions of this Ordinance as to lot size, lot coverage, width, depth front yard, side yard, rear yard, setbacks, parking spaces, height of buildings, or other regulations of this Ordinance affecting the size and shape of a structure or placement of a structure upon the lot, pursuant to Idaho Code Section 67-6516. A. Required Findings. To approve a variance, the Commission must find, in writing, that the application for a variance fulfills all of the following conditions: 1. The need for a variance results from physical limitations of the lot upon which the variance is requested which are not generally applicable to other properties in the same zone. 2. Failure to approve a variance will result in undue hardship; 3. The alleged hardship has not been created by the action of the applicant of the property owner; and 4. Approval of the variance is not in conflict with public interest. B. Public Hearing. Prior to granting a variance, at least one public hearing shall be held to give interested persons an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the request shall be published in the official newspaper or paper of general circulation within the jurisdiction of the City. Written notice shall also be given to property owners adjoining the parcel under consideration. C. Supplementary Conditions and Safeguards. In granting any appeal or variance, the Commission may prescribe appropriate conditions and safeguards. The Commission may not grant a variance to permit a use not authorized under the terms of this Ordinance. D. Action by the Commission. Within sixty (60) days after the public hearing, the Commission shall either approve, conditionally approve, or disapprove the application for a variance. Upon granting or denying the permit, the Commission shall specify: 1. The provisions of this Ordinance and Standards used in evaluating the application. 2. The reasons for approval or denial. 3. The actions, if any, the applicant should take to obtain a variance. E. Appeals. The applicant or any affected person may appeal the decision of the Commission to the Council by submitting a written appeal to the City Clerk within fifteen (15) days of the decision of the Commission. F. Application for a Variance. In addition to the information required under Section 6.9 above, the Commission may also require a narrative statement documenting that the request for a variance conforms to the standards of Section 6.11.A. above. REQUIREMENTS FOR GRANTING VARIANCE: The following conditions must be fulfilled before a variance can be granted by the Planning Commission. Showing that a variance is profitable or desirable for the owner and no harm will be done to others is not sufficient. Below each requirement explain why your request conforms: 1. The need for a variance results from physical circumstances of the property. Such circumstances generally include size, shape, topography, location, or surroundings of the pr�rty and do not, apply to other properties in the same zoite. 2. Failure 3. The alleged hardship has of the property owner or the R 4. Approval of the variance will not be in publio interest in general. -d _2" of Applicant FOR OFFICE USE ONLY: Fee: Paid By: Check Date of Notice: BY SECTION 6-9 r1 Date Date Paid: F 02 d -b Cash Hearing: P&Z. = 2 Zooz JUL. 2.2002 11:42RN FRTCO—REXBURG 1st REVISED COMMITMENT ATTACHED LEGAL DESCRIPTION Order No.: RX29781 NO. 288 P.1 Parcel 1: Commencing at the Northwest corner of Lot 1, Block 23 of the Townsite of Rexburg, Madison County, Idaho, as shown on the official plat thereof, and running S. 181.5 feet; thence E. 330 feet; thence N. 88 feet; thence W. 160 feet; thence N. 93.5 feet; thence W. 170 feet to the point of beginning. ALSO: Commencing at a point 148.50 feet N. of the SE corner of Lot 1, Block 23 of the Townsite of Rexburg, Madison County, Idaho, as shown on the official plat thereof, this being the point of beginning, thence W. 240.00 feet, thence S. 1.125 feet, thence E. 240.00 feet, thence N. 1.125 feet to the point of beginning. EXCEPTING THEREFROM: Commencing at a point 148.50 feet N. of the SE comer of Lot 1, Block 23 of the Townsite of Rexburg, Madison County, Idaho, as shown on the official plat thereof, and running thence W. 240.00 feet to the point of beginning, thence N. 3.00 feet, thence W. 90.00 feet, thence S. 3.00 feet, thence E. 90 feet to the point of beginning. Parcel 2: Commencing at the Northwest corner of Lot 1, Block 23 of the Townsite of Rexburg, Madison County, Idaho, as shown on the official plat thereof, and running thence N. 90°00'00" E. 170.00 feet to the True Point of Beginning; thence S. 0°00'00 E. a distance of 93.50 feet; thence N. 90°00'00" E. a distance of 5.00 feet; thence N. 0000'00" E. a distance of 93.50 feet; thence N. 90000'00" W. a distance of 5.00 feet to the Point of Beginning. ALTA Plain Language Commitment Legal Description (Rx29781.pfd/RX29781119)