MapLink™ | Procedures | § 8.3G. Administrative Adjustments

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§ 8.3G. Administrative Adjustments

1. General. This section sets out the procedures and standards for administrative adjustments, which are modifications of 10% or less of any numeric dimensional standard set out in § 5.1: Residential District Standards Table, except those related to residential density or nonresidential intensity.
2. Procedure.
a) General. The procedures and requirements for initiation of an application, the application contents, fees, application submission, and review of the application by City staff shall comply with those relevant provisions in § 8.1: General Provisions.
b) Action by City Planner. Within 30 days after the application is determined sufficient, the City Planner shall review the application and approve, approve with conditions or disapprove the administrative adjustment based on the standards in § A-8.3G.3: Standards.
    Administrative Adjustments
3. Standards. The City Planner may approve an administrative adjustment upon a finding that all of the following standards are met:
a) General. The requested adjustment eliminates an unnecessary inconvenience to the applicant, is not inconsistent with the character of development in the surrounding area and will not result in incompatible land uses;
b) Mitigates Adverse Impacts. Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent feasible; and
c) Technical Nature/Compensates for Unusual Aspect of Site. The administrative adjustment is of a technical nature and is required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general. For example: If a lot slopes so sharply at the property boundary that the primary structure would not be visible even without the minimum setback, and the shape of the lot makes it difficult to meet the setback, an administrative adjustment to a smaller setback may be appropriate.
4. Conditions of Approval. The City Planner may, in approving the administrative adjustment, impose such restrictions and conditions on such approval and the premises to be developed or used pursuant to such approval as are determined are required to ensure compliance with the general goals, objectives, and policies of this Ordinance to prevent or minimize adverse effects from the proposed administrative adjustment.
5. Recording. The City Planner may require the applicant to record the administrative adjustment with the County Register of Deeds. The administrative adjustment shall be binding upon the landowners, their successors and assigns.
6. Subsequent Development. Development authorized by the administrative adjustment shall not be carried out until the applicant has secured all other permits required by this Ordinance or any other applicable provisions of the City. An administrative adjustment shall not ensure that the development approved as an administrative adjustment shall receive subsequent approval for other applications for development, unless the relevant and applicable portions of this Ordinance or any other applicable provisions are met.
7. Effect of Administrative Adjustment. Issuance of an administrative adjustment shall authorize only the particular modification that is approved in the administrative adjustment. An administrative adjustment, including any conditions, shall run with the land and not be affected by a change in ownership.
8. Expiration. Unless otherwise specified in the administrative adjustment, an application for a construction permit shall be applied for and approved within one year of the date of the approval of the administrative adjustment, otherwise the administrative adjustment shall become invalid. Permitted time frames do not change with successive owners.
9. Extension. Upon written request, only one extension of time may be granted by the City Planner for a period not to exceed six months for good cause shown.
10. Amendment. An administrative adjustment may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.