12-1369 Removal of Board of Adjustment and Reallocation of duties to Planning and Zoning Commission

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SECTION 6. The City of Casselberry Code of Ordinances, Part III, Unified Land Development Regulations, Chapter I, General Administration, Article ll, Administration and Enforcement, Section 1 -2.7 Variances to the Board of Adjustment, shall be amended as follows: Section 1 -2.7 — Variances to the Beard of Adjust e+ Planning and Zoning Commission An owner or his authorized agent may request a variance from the land development regulations as provided for herein, The Beard ef Adjust Planning and Zoning Commission shall have the quasi - judicial power necessary to grant such variances that will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the land development regulations would result in unnecessary hardship. A variance from the terms of the land development regulations shall not be granted by the Beard of Adjust Planning and Zoning Commission unless and until the following requirements are met: A. Application. All applications for variances shall be in the form required and provided by the Administrative Official. Such application shall be submitted to the Administrative Official together with the fee established by resolution of the City Commission. A "completed application" shall include the application form, the fee and all required supplemental information necessary to render determinations related to the variance request. Upon receipt of an application for a variance, the Beard of Adjust Planning and Zoning Commission shall hold a public hearing upon the application in accordance with the procedures cited below in Subsection B. and render an order granting or denying such application. In granting such application the Beard ef Adjust Planning and Zoning Commission must make specific affirmative findings respecting each of the matters specified in Subsection C., below, and may prescribe appropriate conditions and safeguards, including requirements in excess of those otherwise required by these land development regulations, which shall become a part of the terms under which a development order may be issued. B. Notice and hearing procedure for variances. In considering and acting upon applications for variance, the following procedures shall be observed: 1. Date of hearing. The hearing shall be held by the Beard of Adjust rnent �r�d Zoning Commission at a date and time fixed by the chairperson of the Beard of Adjustment Planning and Zoning Commission. 2. Notice, Upon notification by the chairperson of the Board of Adjustment Planning and Zoning Commission of the date fixed for hearing on any matter subject to the provisions of this Section, the Administrative Official shall cause a notice of the time, place and purpose of such hearing to be published in a newspaper of general circulation in the City of Casselberry at least 15 days prior to the date of the hearing. a. Mailing of notice. The Administrative Official shall also mail similar notices at least ten days prior to the scheduled hearing setting forth the time, place and purpose of the hearing to (a) the applicant; (b) the owner of the property described in the application, if other than the applicant; and (c) to all owners of real property within 300 feet of the boundaries of the land upon which the variance is requested, except that, where the property for which the request has been made is located in a commercial or industrial zoning district, notice shall be mailed to all owners of real property within 500 feet of the boundaries of the property. For the purpose of notice requirements to nearby owners of real property, the names and addresses of the owners shall be deemed to be those on the current tax records of the county and will be provided to the City by the applicant. Ordinance 12 -1369 Page 8