Purpose: this section establishes a procedure to avoid hardships that could result from the application of this title. The procedures in this section are consistent with state law.
C. Completeness Review
See § 18.40.040 Completeness Review.
2. The public hearing requires publication notice and notice to surrounding property owners as provided by Section 18.40.050. The Planning Official will mail a copy of the publication notice to the applicant and to the Planning Commission. Proof of mailing and return receipts shall be filed under oath by the applicant with the secretary of the Board of Zoning Appeals prior to the hearing.
3. After the public hearing, the Board of Zoning Appeals shall:
a. Approve the variance, or
c. Deny the variance.
E. Approval Criteria
See K.S.A. 12-759(e).
F. Subsequent Applications
There is no limit on subsequent variance applications. However, findings of fact from prior variance hearings for the same property application that were not reversed by a higher tribunal (such as on appeal to a court with subject matter jurisdiction) are binding on successive appeals.
G. Scope of Approval
H. Appeal to Courts
Except where this title provides for an appeal to another quasi-judicial or administrative body, any person, official or agency aggrieved by a final decision on an application provided for in this ordinance desiring to appeal said decision shall file the appeal in the district court of Johnson County with thirty (30) days of the making of the decision.