§ 27-145.1. Administrative variances.

(a)

The city manager or designee is authorized to consider and grant or deny, pursuant to the procedures and standards contained in this subsection, a variance from the following regulations in residential zoning districts only:

(1)

A reduction by variance of any front, side or rear yard setback by an amount not to exceed ten (10) percent of the applicable zoning district's requirement, but not to include buffers or any other setback that is a condition of a final development plan. (Ex. For a side yard setback, in which the requirement is seven (7) feet, the city manager or designee could grant an administrative variance of no more than 0.7 feet. For a rear yard setback in which the requirement is twenty-five (25) feet, no more than two and one-half (2.5) feet can be granted administratively.)

(2)

An increase in lot coverage of no more than five (5) percent from the amount required by the applicable zoning district.

(b)

Any request for an administrative variance permitted by this section shall be filed with the city manager or designee or designee. The city manager or designee shall review the administrative variance request and decide upon each application pursuant to the above subsections and by the required findings needed to issue a variance in section 27-147, and shall make a written decision on each application no later than fifteen (15) days from the date such application was filed. No administrative variance shall be granted that deletes, modifies, or changes in any manner any condition imposed by the board of appeals, community development board or the city council.

(c)

Required steps to file an administrative variance:

(1)

The applicant shall fill out an administrative variance form provided by the city manager or designee.

(2)

After the application has been filed with the city manager or designee a decision to grant or deny the administrative variance will be made within fifteen (15) days.

(3)

After reaching a decision on the application, a letter approving or denying the application will be sent to the applicant and a separate letter will be sent to the owner of each property within a three hundred-foot radius informing them of the decision.

(4)

Any aggrieved or adversely affected party wishing to appeal the decision of the city manager or designee to the community development board must file their appeal within thirty (30) days of the city manager or designee letter and file said appeal with the city clerk. The fee for appeal shall be the same as the fee to appeal an administrative decision.

(5)

If no appeal is timely filed the applicant may apply for building permits at the building department that pertain to the granted administrative variance.

(Ord. No. 2004-10, § 1, 10-4-04; Ord. No. 2010-14, § 22, 9-7-10)