Laserfiche WebLink
<br />[police. department, building inspector, or other <br /> <br />. specified officer or agency]. If the application is <br /> <br /> <br />for a variance for more than three ~ys, the [police <br /> <br />. <br /> <br />. <br /> <br />department, building inspector, or other specified <br /> <br />.officer or agency] shall give mailed notice of the <br /> <br />requested variance to all property owners within <br /> <br />500 feet of the noise source. Any person claiming <br /> <br />to be adversely affected by the variance applied for <br /> <br />may, within 20 days of mailing of the notice, file <br /> <br />a statement with the [police department, building <br /> <br />inspector, or other specified officer or agency] in <br /> <br />suppOrt of his or her claim. <br /> <br />Subd.3. Action on application. If the [police <br /> <br />department, building inspector, or other specified <br /> <br />officer or agency] finds that sufficient controversy <br /> <br />exists regarding the proposed variance, he or she <br /> <br />may hold a public hearing on the proposal at which <br /> <br />all persons affected shall be given an opportunity <br /> <br />to be heard. He or she shall also hold such a <br /> <br />hearing upon request of the applicant or any person <br /> <br />claiming to be adversely affected by the variance <br /> <br />applied for. Within 30 days of receipt of the <br /> <br />application, the officer shall approve or deny the <br /> <br />application. It may be approved only if the officer <br /> <br />finds that full compliance with the requirements of <br /> <br />the ordinance would constitute an unreasonable <br /> <br />hardship on the applicant, on other persons, or on <br /> <br />the community. In determining whether to grant or <br /> <br />deny the application, the officer shall balance the <br /> <br />hardship to the applicant against the adverse <br /> <br />impact on the health, safety, and welfare of the <br /> <br />persons affected, the adverse impact on property <br /> <br />affected, and any other adverse effects of granting <br /> <br />the variance. The variance may be granted subj ect <br /> <br />to conditions, including a time limit, which shall <br /> <br />be clearly stated. <br /> <br />Comment: Most comprehensive ordinances <br />contain provisions for varying the sound <br />source requirements of the ordinance to <br />prevent undue hardship. This special <br />dispensation from the requirements is <br />granted variously . by procedures for <br />exceptions, variances, or temporary (or <br />sometimes permanent) permits. <br /> <br />Sometimes such special treatment is <br />limited to the provision of special time <br />limits for bringing existing noise sources <br />into compliance when the ordinance first <br />goes into effect, and sometimes it is <br />confined to specified ordinance <br />restrictions. The model follows a practice <br />similar to that used in zoning ordinances <br />for variances. Provisions in the local <br />zoning ordinances may provide a pattern <br />that the council may wish to follow instead, <br /> <br />II <br />