§ 21.05.030. Application—Public hearing.

A.

An application for a variance shall be made on a form provided by the planning department and shall contain:

1.

The legal description of the parcel for which the variance is requested;

2.

A statement of the facts justifying the variance; and

3.

The applicant's certification that:

a.

The variance is not being sought by the person causing the conditions requiring the variance,

b.

That the variance will not permit a land use in a district where the use is prohibited, and

c.

That the variance is not sought solely to relieve pecuniary hardship or inconvenience.

B.

The planning department may require additional information from the applicant helpful to the variance determination, including but not limited to, an as-built or certificate from a licensed land surveyor or professional engineer when necessary to the determination.

C.

The planning department shall process the variance application within 45 days of receipt, place it on the planning commission agenda, and make recommendations to the planning commission regarding approval, denial, and conditions, if any, to be placed on the variance.

D.

A public hearing shall be held before the planning commission regarding all variance applications. The public hearing notice requirements set forth in KPB 21.11 shall be followed. Variances within local option zoning districts require notice to all property owners within the district.

(Ord. No. 97-52, § 1(part), 1997)