Sec. 32-12. Adherence of structures, etc., to Plans.
a.No building or structure shall be erected or placed within the official Plan Lines of streets or highways established by this Article, except as provided for under this Section.
b.The City Council, upon receipt of a recommendation from the Planning Commission, shall hear and decide appeals for variances in the strict application of subsection (a) of this Section.
c.The owner of any property affected by established official Plan Lines may appeal the strict interpretation of subsection (a) of this section.
d.Such appeal shall be made, in writing, to the Planning Commission.
e.Upon receipt of an appeal, the Planning Commission shall set a date for at least one (1) public hearing and publish notice thereof in a newspaper of general circulation to the City at least ten (10) days in advance of such public hearing. At the conclusion of such public hearing, the Planning Commission shall make its recommendations by resolution, in writing, to the City Council.
f.In order to make a recommendation contrary to the provisions stated in subsection (a) of this Section, the Planning Commission shall find the following:
1.That the property of which the Official Plan Line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance.
2.That the property will not earn a fair return on the owners’ investment unless the construction involved is authorized.
3.That the granting of the application is necessary for the preservation of substantial property rights of the individual.
g.Upon receipt of such report from the Planning Commission or upon expiration of 60 days from the time the applicant filed his appeal with the Planning Commission, the City Council shall set a date for a public hearing thereon with notices as required by law.
At the conclusion of the public hearing, the City Council may grant the applicant a variance from the provisions in subsection (a) of this Section.
h.In order to grant a variance contrary to subsection (a) of this Section, the City Council shall find the following:
1.That the property of which the Official Plan Line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance.
2.That the property will not earn a fair return on the owners’ investment unless the construction is authorized.
3.That the granting of the application is necessary for the preservation of substantial property rights of the individual.