Chapter 17.27
VARIANCES

Sections:

17.27.010    Variances—Generally.

17.27.020    Required findings of fact.

17.27.030    Variance application and procedure.

17.27.010 Variances—Generally.

A.    Variances from provisions of this title may be granted by the planning commission when literal enforcement would deprive a property owner of rights commonly enjoyed by other properties in a similar area.

B.    The planning commission may attach to a variance conditions regarding the location, character, and other features it finds necessary to carry out the intent of this title and to protect the public interest. (Ord. 90-03 § 1 (part), 1990.)

17.27.020 Required findings of fact.

Variances shall only be granted upon determination that the variance:

1.    Is the minimum necessary to afford relief;

2.    The granting of the variance will not be detrimental to the public safety or welfare or injurious to adjacent property;

3.    The tract to be subdivided is of such unusual size and shape or topographical conditions are such that the strict application of the requirements of this title will result in undue and substantial hardship to the owner of the property;

4.    Special conditions that require the variance are not caused by the person seeking the variance;

5.    The variance will not permit a land use in an area in which that use is prohibited;

6.    The variance is not sought only to relieve financial hardship or inconvenience. (Ord. 90-03 § 1 (part), 1990.)

17.27.030 Variance application and procedure.

A.    The subdivider shall submit (1) evidence that title is vested in the applicant and (2) an application for a variance to the planning department addressing the required findings of fact, at least ten working days before the next scheduled planning commission meeting in order to insure sufficient time for giving the required public notice.

B.    Within sixty days of the receipt of a complete application and fee, the planning commission shall conduct a public hearing on the variance request.

C.    Public Notice.

1.    Public notice shall be posted in five public places at least five days before the hearing date.

2.    Additional notice shall be mailed to property owners (as indicated by the most recent address on the property tax roll) within three hundred feet of the property for which the variance is requested.

3.    The failure of a property owner to receive notice shall not invalidate a decision reached at a public hearing if a good faith attempt was made to comply with the requirements of this code for notice.

4.    The notice shall indicate:

a.    The applicant, and the time and place of the hearing;

b.    The purpose and a general description of the variance sought;

c.    A legal description of the property and a general description of the property location. (Ord. 90-03 § 1 (part), 1990.)