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City Council Ordinance 18ORDINANCE AMENDMENT The City Council of Monticello hereby ordains that Ordinance 10-23-6-(F) per- taining to procedures for variance requests, the following amendment be added: When a variance request pertains only to yard set back requirements, only abutting property owners need be notified. Passed by the City Council this 13th day of September, 1976. R__K;7!ayor ATTEST: Richard Wolfstel.le , Adm. Asst. ( 4 Mr lew Jol t r? 7 _ fl- i.5`• 7S 4 /$ ) 10-23-6 10-23-6: PROCEDURES: 10-23-7 (A) REQUEST FOR A VARIANCE OR APPEAL SHALL BE FILED WITH THE ZONING ADMINISTRATOR ON AN OFFICIAL APPLICATION FORM. SUCH APPLICATION SHALL BE ACCOMPANIED BY A FEE AS OUTLINED IN CHAPTER 25 OF THIS ORDINANCE. THIS FEE SHALL NOT BE REFUNDED. SUCH APPLICATION SHALL ALSO BE ACCOMPANIED BY TWENTY (20) COPIES OF DETAILED WRITTEN AND GRAPHIC MATERIALS NECESSARY FOR THE EXPLANATION OF THE REQUEST. (B) UPON RECEIVING SAID APPLICATION, THE ZONING ADMINISTRATOR SHALL REFER THE APPLICATION, ALONG WITH ALL RELATED INFORMATION TO THE CITY PLANNING COMMISSION FOR A REPORT AND RECOMMENDATION TO THE BOARD OF ADJUSTMENT AND APPEALS. (C) THE PLANNING COMMISSION SHALL CONSIDER THE VARIANCE OR APPEAL AT ITS NEXT REGULAR MEETING UNLESS THE FILING DATE FALLS WITHIN FIFTEEN (15) DAYS OF SAID MEETING, IN SUCH A CASE THE REQUEST WOULD BE PLACED ON THE AGENDA AT THE REGULAR MEETING FOLLOWING THE NEXT REGULAR MEETING. THE ZONING ADMINISTRATOR SHALL REFER SAID REQUEST ALONG WITH ALL RELATED INFORMATION TO THE PLANNING COMMISSION AT LEAST TEN (I0) DAYS PRIOR TO THE REGULAR MEETING. (D) THE REQUEST SHALL BE REFERRED TO THE CITY STAFF FOR A REPORT AND RECOMMENDATION TO BE PRESENTED TO THE COMMISSION. A PRELIMINARY DRAFT OF THE CITY STAFFIS RE- PORT AND RECOMMENDATIONS SHALL BE GIVEN TO THE CITY PLANNING COMMISSION AT LEAST TEN (10) DAYS PRIOR TO THE MEETING AT WHICH SAID REPORT AND RECOMMENDATIONS ARE TO BE PRESENTED. THE FINAL REPORT AND RECOMMENDATIONS OF THE CITY STAFF IS TO BE ENTERED IN AND MADE PART OF THE PERMANENT WRITTEN RECORD OF THE PLANNING COMMISSION MEETING. (E) THE PLANNING COMMISSION AT THE NEXT REGULAR MEETING FOLLOWING THE REGULAR MEETING AT WHICH THE REQUEST WAS FIRST CONSIDERED AND UPON RECEIPT OF THE CITY STAFFIS REPORT AND RECOMMENDATIONS SHALL MAKE A FINDING OF FACT AND DECIDE TO RECOMMEND APPROVAL OR DENIAL OF SAID REQUEST. THE PLANNING COMMISSION SHALL REACH A DECISION WITHIN SIXTY (60) DAYS AFTER THE FIRST REGULAR MEETING AT WHICH THE VARIANCE OR APPEAL REQUEST WAS CONSIDERED BY THE COMMISSION. THE COMMISSIONIS RECOMMENDATION AND THE CITY STAFFIS REPORT SHALL BE PRESENTED TO THE CITY COUNCIL SERVING AS THE BOARD OF ADJUSTMENT AND APPEALS AT ITS NEXT REGULAR MEETING. (F) WITHIN SIXTY (6O) DAYS AFTER RECEIVING THE PLANNING COMMISSIONIS AND CITY STAFFIS REPORT AND RECOMMENDATIONS CONCERNING A REQUEST FOR VARIANCE OR AN APPEAL, THE CITY COUNCIL SERVING AS THE BOARD OF ADJUSTMENT AND APPEALS SHALL SET A DATE AND HOLD A HEARING ON SAID REQUEST* THE BOARD SHALL HEAR SUCH PERSONS AS WISH TO BE HEARD,EITHER IN PERSON OR BY AGENT OR ATTORNEY. NOTICE OF ANY SUCH HEARING SHALL BE MAILED OUT NOT LESS THAN TEN (10) DAYS BEFORE REQUEST, TO ALL OWNERS OF PROPERTY ACCORDING TO THE WRIGHT COUNTY ASSESSMENT RECORDS, WITHIN THREE HUNDRED FIFTY (350) FEET OF THE PROPERTY TO WHICH THE VARIANCE RELATES, WHEN A VARIANCE REQUEST PERTAINS ONLY TO YARD SET BACK REQUIREMENTS, ONLY ABUTTING PROPERTY OWNERS NEED BE NOTIFIED. (9-19-76 #18) (G) FAILURE OF A PROPERTY OWNER TO RECEIVE SAID NOTICE SHALL NOT INVALIDATE ANY SUCH PROCEEDINGS AS SET FORTH WITHIN THIS ORDINANCE. (H) THE CITY COUNCIL SERVING AS THE BOARD OF ADJUSTMENT AND APPEALS SHALL MAKE A FINDING OF FACT AND SHALL DECIDE WHETHER TO APPROVE OR DENY A REQUEST FOR A VARIANCE OR AN APPEAL WITHIN THIRTY (30) DAYS AFTER THE PUBLIC HEARING ON SAID REQUEST. (1) A VARIANCE OF THIS ZONING ORDINANCE OR GRANT OF AN APPEAL SHALL BE BY FOUR-FIFTHS (4/5) VOTE OF THE FULL CITY COUNCIL SERVING AS THE BOARD OF ADJUSTMENT AND APPEALS, (J) THE ZONING ADMINISTRATOR SHALL NOTIFY THE ORIGINATOR OF THE VARIANCE REQUEST OR APPEAL OF THE CITY COUNCIL'S SERVING AS THE BOARD OF ADJUSTMENT AND APPEALS, DECISION IN WRITING. 10-23-7: LAPSE OF VARIANCE OR APPEAL: WHENEVER WITHIN ONE (1) YEAR AFTER GRANTING A VARIANCE OR APPEAL THE WORK AS PERMITTED BY THE VARIANCE OR APPEAL SHALL NOT HAVE BEEN COMPLETED, THEN SUCH VARIANCE OR APPEAL SHALL BECOME NULL AND VOID UNLESS A PETITION FOR EXTENSION OF TIME IN WHICH TO COMPLETE THE WORK HAS BEEN GRANTED BY THE CITY COUNCIL. SUCH EXTENSION SHALL BE REQUESTED IN WRITING AND FILED WITH THE ZONING ADMINISTRATOR AT LEAST THIRTY (30) DAYS BEFORE THE EXPIRA- TION OF THE ORIGINAL VARIANCE OR APPEAL. THERE SHALL BE NO CHARGE FOR THE FILING OF SUCH PETITION. THE REQUEST FOR EXTENSION SHALL STATE FACTS SHOWING A GOOD FAITH ATTEMPT TO COMPLETE THE WORK PERMITTED IN THE VARIANCE OR APPEAL. SUCH PETITION SHALL BE PRESENTED TO THE PLANNING COMMISSION FOR A RECOMMENDATION AND TO THE CITY COUNCIL FOR A DECISION.