Chapter 17.44
VARIANCES

Sections:

17.44.010    Variance application.

17.44.020    Action of planning commission.

17.44.030    Planning commission action on variance.

17.44.010 Variance application.

The planning commission may authorize variances to requirements of this title. A petition of the developer, stating fully the grounds of the application, shall make application for a variance and the facts relied upon by the petitioner. The petition shall be filed with the preliminary plan. (Ord. 19 § 11.010, 2003)

17.44.020 Action of planning commission.

The planning commission shall consider the application for a variance at the same meeting at which it considers the preliminary map. A variance may be granted unqualifiedly, or may be granted subject to prescribed conditions; provided, that the commission shall make all of the following findings:

(1) That there are special circumstances or conditions affecting the property that do not normally apply to other property and that such circumstances or conditions make it impossible or impractical to comply with this title.

(2) That the exception is necessary for the proper design and/or function of the subdivision.

(3) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated.

(4) That the granting of the exception is in accordance with the purpose and objectives prescribed in Chapter 17.04 CCC.

(5) That the exception is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship, which would result from strict compliance with the regulations of this title.

(6) The planning commission shall deny an application for an exception if the commission cannot make the findings prescribed above. (Ord. 19 § 11.020, 2003)

17.44.030 Planning commission action on variance.

In granting or denying a variance, the planning commission shall make a written record of its findings and the facts in connection therewith, and shall describe the variance granted and the conditions designated. The county shall keep the findings on file as a matter of public record, and a copy of the variance granted and the condition thereof shall be recorded together with the final plat by the developer. (Ord. 19 § 11.030, 2003)