Title
AN ORDINANCE AMENDING SECTION 50-37.9 VARIANCE.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Section 50-37.9 of the Duluth City Code, 1959, as amended, be amended as follows:
50-37.9 Variance.
This Section applies to applications for a variance from the terms and provisions of this Chapter. Different types of variances are subject to differing criteria for approval, and in many cases are also subject to limitations on the types of variances that can be granted.
A. Application.
An application for a variance shall be filed pursuant to Section 50-37.1.B;
B. Procedure.
The planning commission shall review the application, conduct a public hearing on the application pursuant to Section 50-37.1.I, with public notice as required by Section 50-37.1.H, and shall make a decision on the application based on the criteria in subsections C through M below, as applicable to the specific type of variance being requested. The planning commission may grant a different variance or different form of relief than that requested by the applicant if it determines that the alternative relief better meets the criteria in subsections C through M below. The commission may impose appropriate conditions and safeguards to protect adjacent properties and the public interest, including but not limited to financial security pursuant to Section 50-37.2.P or a development agreement regarding the design, construction and operation of the project, to protect the comprehensive land use plan, to conserve and protect property and property values in the neighborhood and to ensure that all conditions of the variance will continue to be met. Constructing any improvement or beginning any activity authorized by the variance shall constitute the applicant's agreement to conform to all terms and conditions of the permit;
C. General variance criteria.
Unless different or inconsistent criteria or limitations are stated in subsections D through M below for the specific type of...
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