Chapter 17.88
VARIANCE PERMIT
Sections:
17.88.030 Action by the commission.
17.88.060 Conditions of approval.
17.88.010 Purpose.
Where practical difficulties, unnecessary hardships, and conditions inconsistent with the general purposes of this title may result from the strict application of certain provisions of this code, variances may be granted as provided in this chapter. The granting of any variance and the conditions attached to the grant shall ensure that the variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and zone in which the property is situated. (Ord. 24-01 §2(Exh. A-1)).
17.88.020 Application filing.
The applicant shall submit site plan print sets in the form and quantity as deemed necessary by the director, and a completed variance application form. (Ord. 24-01 §2(Exh. A-1)).
17.88.030 Action by the commission.
A. The commission shall hold a public hearing on the proposed variance permit. At the public hearing, the commission shall review and consider the testimony of the applicant, the public, representatives from other agencies, and city officials on the proposed variance.
B. The public hearing shall be conducted in compliance with the rules and procedures specified in Chapter 17.116 (Public Notices and Hearings).
C. The commission may grant an application for a variance permit as requested or in a modified form if, based on the application and the testimony submitted, the commission can make the following findings:
1. Any variance permit granted shall be subject to the conditions as will ensure that the adjustment authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.
2. Because of exceptional circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the zoning law is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.
3. The granting of the variance permit will not be contrary to the intent of this title or the public safety, health, and welfare or injurious to other properties in the vicinity.
4. A variance has not been granted for use or activity which is not authorized by the zone regulations governing the parcel of property.
5. A variance shall not be granted on economic grounds. (Ord. 24-01 §2(Exh. A-1)).
17.88.040 Action.
A. The commission by resolution may approve, approve with conditions, deny, or deny without prejudice a variance permit. The resolution shall describe the basis for the decision, including the findings contained in Section 17.74.030 (Actions).
B. The decision of the commission shall be final unless appealed to the council.
C. The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption. (Ord. 24-01 §2(Exh. A-1)).
17.88.050 Appeals.
A. Any person, including the director, may appeal the commission’s decision to the council in compliance with the procedure specified in Chapter 17.114 (Appeals).
B. Upon appeal of the commission’s action, the council shall hold a new public hearing. It shall review the proceedings held by the commission, and either affirm, deny, or modify the commission’s decision. The decision of the council shall be final. (Ord. 24-01 §2(Exh. A-1)).
17.88.060 Conditions of approval.
A variance permit can be approved subject to the conditions. The conditions shall ensure that the variance does not constitute a grant of special privileges and that the purpose and intent of this zoning code and the general plan are met. (Ord. 24-01 §2(Exh. A-1)).