Chapter 16.28
VARIANCES

Sections:

16.28.010    Variance application.

16.28.020    Planning commission action on variances.

16.28.010 Variance application.

When necessary, the planning commission may authorize conditional variances to requirements and regulations of Chapters 16.04 to 16.24 CMC. Application for a variance shall be made by a petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. The petition shall be filed with the tentative map of the subdivision or partition. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission shall find the following facts with respect thereto:

A. That there are special circumstances or conditions affecting the property.

B. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner and that extraordinary hardship would result from strict compliance with these regulations.

C. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the vicinity in which the property is situated. [Ord. 01-02 § 3 (Exh. 3 § 37), 2001.]

16.28.020 Planning commission action on variances.

A. In granting variances, the planning commission shall secure substantially the objectives of the regulations to which variances are granted in order to preserve the public health, safety, convenience, and general welfare. The conditions that are necessary for this purpose shall be specified in granting the variance.

B. In granting any variance under the provisions of this section, the planning commission shall make a written record of its findings and the facts in connection therewith, and shall specifically and fully set forth the variance granted and the conditions designated. The planning commission shall keep such findings on file as a matter of public record. [Ord. 01-02 § 3 (Exh. 3 § 38), 2001.]

16.28.030 Administration fees.

The city of Culver, like many cities in Oregon, is faced with a severely reduced budget for the administration of the city’s ordinances. The land use planning process in the state of Oregon has become increasingly complex. To properly process a land use application, the city must rely upon professional consultants to assist in preparing the legal notices, conducting on-site inspections, preparation of staff reports, and, in some cases, actual attendance at the planning commission and/or planning commission meetings. The city utilizes a consultant to ensure land use applications are processed fairly and promptly. Because of the reduced budgets, the city finds it necessary to transfer those administrative costs to the applicant as a part of the land use planning process. [Ord. 01-02 § 3 (Exh. 3 § 40), 2001.]