A. The applicant or an authorized representative must be present at the public hearing, informed and available for questions relative to the proposed project. The planning commission may take action on a scheduled variance application even if the applicant or an authorized representative is not present at the public hearing.

B. The planning commission shall consider the matter at a public hearing. The commission shall consider the variance application, the land use administrator’s staff report, any written comments from members of the public submitted prior to the public hearing, and any oral testimony and written materials provided at the public hearing.

C. The planning commission hearing on a variance request shall be conducted substantially as provided in BMC 18.60.050(A) through (C).

D. The planning commission shall render a decision no later than the meeting following the public hearing. The commission may approve the variance only if it finds that all the standards set out in BMC 18.64.010(B) and each finding is supported by substantial evidence in the record. The decision shall be in writing and shall be mailed to the applicant and to each person who participated in the hearing.

E. The decision of the planning commission may be appealed in accordance with Chapter 18.75 BMC.* [Ord. 01-05 § 8.]