Chapter 18.48 VARIANCES

Chapter 18.48
VARIANCES

Sections:

18.48.020 Variances—Application and hearing.

18.48.010 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. (Ord. 92-21 § 4 (part), 1992.)

18.48.020 Variances—Application and hearing.

A. An application for a variance shall be made in writing to the planning commission and submitted to the planning director and shall include:

1. Sketch plat or copy of an existing survey;

2. Evidence that title is vested in the applicant;

3. A statement setting forth the conditions, facts and reasons why a variance should be granted and why such conditions, facts and reasons constitute compliance with the variance requirements cited at Sections 18.48.010(A) and 18.48.030;

4. The required fee.

B. The planning director shall review the application and, if complete, shall submit it to the next meeting of the planning commission, provided the application has been submitted at least fifteen calendar days prior to the scheduled meeting. The planning director shall submit an evaluation and recommendation to the commission accompanying the application.

C. Within sixty days of receipt of an application filed under this section, the planning commission shall conduct a public hearing on the variance request. Notice of the hearing shall be posted in at least three public places for at least five days immediately prior to the date set for the hearing. Additional notice shall be mailed to property owners within three hundred feet of the property for which the variance is requested. The notice shall be mailed at least ten days prior to the public hearing. The notice shall indicate the time and place of the hearing, by whom and on what date the variance application was filed, the purpose and a general description of the variance sought.

D. The commission shall act upon the application within thirty days of the public hearing. (Ord. 92-21 § 4 (part), 1992.)

18.48.030 Required findings of fact.

Variances shall only be granted upon the determination that the variance:

A. Is the minimum necessary to afford relief;

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

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

D. The variance will not permit a land use in a district in which that use is prohibited;

E. The variance is not sought only to relieve financial hardship or inconvenience. (Ord. 92-21 § 4 (part), 1992.)