§ 34-314. Variances.

(a)

A person applying for a tree removal permit may seek a variance if a practical difficulty makes strict compliance with the article impractical.

(b)

Upon the application of a person seeking a variance, the planning commission shall hold a public hearing after notice of the hearing is sent to property owners within 1,000 feet of the site and published in a newspaper having general circulation within the city not less than 15 days preceding the hearing.

(c)

The city council, after recommendation from the planning commission, may grant a variance if it finds a practical difficulty exists in complying with the strict application of this article. In determining the existence of a practical difficulty, city council shall consider:

(1)

The intent and purposes of the article;

(2)

The character and community value of the protected trees affected;

(3)

The presence of unique circumstances which makes compliance with the article physically impractical; and

(4)

The imposition of such conditions upon the grant of a variance as may be necessary to preserve, protect and/or propagate protected trees.

(Ord. No. 762, § 9, 11-14-05)