Agenda Item Title:
18OA017 - An Ordinance to Update and Clarify the Criteria and Procedure for Granting Variances to the Zoning Code by Amending Section 17.54.020 of the Rapid City Municipal Code (Ordinance No. 6296)
Origination Group:
Planning Commission
Origination Meeting Date:
01/24/2019
Stage 2 Group Name:
Legal & Finance Committee
Stage 2 Meeting Date:
01/30/2019
City Council First Reading Date:
02/04/2019
City Council Second Reading Date:
02/19/2019
Petitioner:
City of Rapid City
Staff Contact:
Vicki L. Fisher, Current Planning Manager
Agenda Item Summary:
During a Joint Work Session held on July 12, 2018, it was discussed that the Zoning Ordinance should be amended to clarify the review criteria for a Variance and the procedure required to submit a Variance. Subsequently, staff has created the attached Ordinance Amendment to address the issues as follows: •Eliminate the requirement that a Variance cannot be submitted until after written denial of a building permit by the Building Official has been obtained;•Remove the limitation that a building permit cannot be issued by the Building Official until 7 business days after granting of a Variance; •Replace the reference of an “unnecessary hardship” with “unreasonable hardship” and provide the criteria of review to determine whether the Variance creates an “unreasonable hardship”; and, •Add the requirement for granting of a Variance to include that “there are special conditions attached to the property that do not generally apply to other properties in the same district” and provide clarification for a “special condition”. The proposed amendment complies with the criteria standards for granting a Variance set forth by South Dakota Codified Law. In addition, the proposed revisions will assist the Zoning Board of Adjustment when citing justification for granting and/or denying a Variance. As such, staff recommends that the proposed Ordinance Amendment be approved.
Funding Source & Fiscal Impact (if applicable):
Funding | Cost Center |
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Recommendations:
Origination Recommendation Action:
Approve
Origination Recommendation Notes:
Planning Commission recommended approval: 1/24/2019; Legal and Finance Committee approved 1st Reading: 1/30/2019; Legal and Finance Committee approved 2nd Reading: 2/13/2019
City Council Recommendation Action:
Approve
City Council Recommendation Notes:
City Council Approved 1st Reading: 2/4/2019; City Council Approved 2nd Reading: 2/19/2019