Chapter 15.130
Variances

Sections:

15.130.010    Authorization to grant or deny variances.

15.130.020    Conditions for granting a variance.

15.130.030    Procedure for taking action on a variance application.

15.130.040    Time limit on permit for a variance.

15.130.010 Authorization to grant or deny variances.

The Planning Commission may authorize variances from the requirements of this division where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this division would cause an undue or unnecessary hardship, except that no variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance the Planning Commission may attach conditions which it finds necessary to protect the best interest of the surrounding property or neighborhood and to otherwise achieve the purpose of this division. [Ord. 504 § 8.010, 1980; 1981 Compilation § 8-5:8.010.]

15.130.020 Conditions for granting a variance.

A variance shall be granted by the Planning Commission when it can be shown that all of the following conditions exist:

A. Exceptional or extraordinary conditions apply to the property which do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography or other circumstances over which the applicant has no control.

B. The property rights of the owner would otherwise be substantially curtailed without a variance.

C. The authorization of the variance shall not be materially detrimental to the purposes of this division, be injurious to property in the zone or vicinity, or any City development plan or policy.

D. The variance requested is the minimum variance from the provision and standards of this division which will alleviate the hardship. [Ord. 504 § 8.020, 1980; 1981 Compilation § 8-5:8.020.]

15.130.030 Procedure for taking action on a variance application.

A. Initiation of a Variance. A request for a variance may be initiated by a property owner or his/her authorized agent by filing an application with the City Administrator upon forms prescribed for the purpose. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The application shall be accompanied by a fee.

B. Notice of Public Hearing on a Variance. Before action is taken on a request for a variance, it shall be considered by the Planning Commission at a public hearing within 60 days after the filing of an application. Twenty days prior to the date of the hearing, notice of the hearing shall be mailed to all owners of record of property within 200 feet of the exterior boundaries of the property for which the variance has been requested. Failure to send notice to a person specified in this section or failure of a person to receive the notice shall not invalidate any proceedings in connection with the application for a variance. Notice shall also be posted at City Hall, the post office and the City library and published in a newspaper of general circulation in the City twice within the two weeks prior to the hearing. If it is required that a state, federal, local or private agency review the variance application, the agency shall be given a minimum of 20 days to submit its comments.

C. Recess of Hearing by Commission. The Commission may recess a hearing on a request for a variance in order to obtain additional information or to serve further notice upon other property owners or persons who it decides may be interested in the proposed variance. Upon recessing for this purpose, the Commission shall announce the time and date when the hearing will be resumed.

D. Action of the Commission. The Commission may attach conditions to an authorized variance which it feels are necessary to protect the public interest, and carry out the purpose of this division. The City Administrator shall notify the applicant in writing of the Commission’s action within seven days after a decision has been made.

E. Appeal to the City Council. An action or ruling of the Planning Commission may be appealed to the City Council as provided in BMC 15.75.020. [Ord. 618 § 13, 1993; Ord. 504 § 8.030, 1980; 1981 Compilation § 8-5:8.030.]

15.130.040 Time limit on permit for a variance.

Authorization of a variance shall be void after two years or such lesser time as the authorization may specify unless substantial construction has taken place. However, the Planning Commission may extend authorization for an additional period not to exceed one year on request. [Ord. 504 § 8.040, 1980; 1981 Compilation § 8-5:8.040.]