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HomeMy WebLinkAboutAPPLICATION - Olsen, Daryl - Lot 10 Rosewood Subdivision - Variance for SetbacksAPPLICANT: Name Addre APPLICATION FOR VARIANCE CITY OF REXBURG City 9Ext31 )RG State /gaga Phone OWNER: (Complete if owner not applicant) Name .5AM S 15 1460VE City State Phone PROPERTY COVERED BY PERMIT: Legal Description (Lot, Block, Addition, Division Number) ' U Will this have an impact on schools: %f/b. NATURE OF REQUEST: Briefly explain why variance is required: (Jirti.�G,r .9 VF3RiA.vCr r7ll5 PRDRGRry, n iE w it i)1rirnl51b.15, tii/i'AH 4� Fi:R /TS 1"I-EAI/AEA PVAP05 iN KEEPi.vr> lyiYh/ !HG /��VF.yAn/r Existing use of property: Proposed use if different from existing: VARIANCE REQUIREMENTS 6.12 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 6.1 LA. 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 sizeS2� , topography, location, or surroundings of the property and do not apply to other properties in the same zone. 774E .YAIAPE en;E M/6 /Y /5 rD 13E 2. Failure to obtain a variance will result in undue hardship to the applicant. 3. The alleged hardship has not been created by the action of the property owner or the apocyt, e.g. applicant did noyreduce she of lot by prior sale. i _ n 4. Approval of the varianc will not be ' conflict with the interest of the neighborhood or] public interest in general. THE ONLY NE/( HRnR G7HvM 7Ni S / rn[ t[ ACFF//- 5Mr�6 Yt//4/- d lleLw rHEY j)O "or I+ P'g0AGEM / l/'lN /'HE JE/,L//> /L.2jCR nt.,%V 77/E REP1[J/REQ] n/5/74 a" 6iI EVF Ail!/) AiCef/E one5E..7 LQtiG g2 ) ATTACH PLOT PLAN AS REQUIRED BY S CTION 6-9 aIz MAR(Ji 1�1�/ Signatur of Applicant Date FOR OFFICE USE ONLY: Fee: Date Paid By: Check Cash_ Date of Notice: Other Hearing: P&Z Counc_il VARIANCE PROCEDURE The Planning & Zoning Commission may authorize Variances or modifications from 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 Variance is to allow something that is otherwise not allowed. If you feel you need a Variance for your property discuss it with the City Clerk or City Engineer. You will then need to get an application from the City Clerk, fill it out and return it to the City Clerk (one) 1 week prior to the meeting at which time she/he will put you on the Planning Commission Agenda. The Planning Commission meets on the 2' and 4`b Wednesday at 7:00 p.m. The City Clerk will mail the application to the Planning Commission members for their review prior to the meeting. At the Planning Commission meeting they will discuss your request with you and schedule it for Public Hearing. The notice of Public Hearing will need to be published in the paper 15 days prior to the hearing. Prior to the publishing of the Notice of Public Hearing, you will need to pay the City Clerk $200.00. Prior to granting a variance, at least one Public Hearing shall be held to give persons an opportunity to be heard. A Public Hearing notice will be published in the newspaper, the notice will be mailed to all property owners within 300 feet of the property, and a notice will be posted on the property. A Public Hearing will then be held before the Planning Commission. To approve a variance the Planning Commission must find, in writing, that the application for a variance fulfills conditions as specified on the application and in the Zoning Ordinance. Granting any appeal or variance, the Planning Board may prescribe appropriate conditions and safeguards. The Planning Board may not grant a variance to permit a use not authorized under the terms of the Ordinance. Within 60 days after the Public Hearing, the Planning Commission shall either approve, conditionally approve or disapprove the application for a variance.