Chapter 17.55
EXCEPTIONS, VARIANCES AND ENFORCEMENT
Sections:
17.55.010 Exceptions in case of a planned development.
17.55.020 Conditions for reduced pavement width.
17.55.030 Conditions for variances to city access management requirements.
17.55.040 Variance application.
17.55.010 Exceptions in case of a planned development.
The standards and requirements of these regulations may be modified by the planning commission in accordance with the planned development regulations of MCMC Title 18. [Ord. 469 § 9.010, 1980].
17.55.020 Conditions for reduced pavement width.
A variance which allows the pavement width on minor streets in residential districts to be reduced to less than 28 feet may be approved by the planning commission under the following conditions:
(1) The street is less than 2,400 feet in length, cannot be extended, and serves local traffic only.
(2) All abutting lots are of sufficient size and shape to provide the additional off-street parking that may be required as a condition of approval.
(3) If the right-of-way is to be reduced accordingly, it shall be of sufficient width to provide space for sidewalks, curbs, drainage and utilities, and the lot sizes within the parcel to be subdivided shall be increased in direct relation to the land area released from the right-of-way requirement.
(4) On-street parking restrictions shall be imposed and additional off-street parking shall be required for each lot through the use of deed restrictions as follows:
(a) Where on-street parking is to be allowed on one side of the street only, each unit shall provide three off-street parking spaces.
(b) Where no on-street parking is to be allowed, each unit shall provide four off-street parking spaces.
(c) In the case of subsection (4)(a) or (b) of this section, all required off-street parking spaces shall be set back a minimum of 10 feet from the front property line.
(d) Multiple carports may be used to provide the required off-street parking. An area 12 feet in width and 20 feet in depth shall be considered one space. Each separately enclosed garage shall be considered to provide one parking space for the purpose of this exception.
(e) Parking bays may be dedicated in lieu of the additional off-street parking required by subsection (4)(a) or (b) of this section when the total number of spaces provided is equal to two spaces per unit within the subdivision. This shall not exclude each unit from providing the two off-street spaces per unit otherwise required.
(5) A petition for variance is applied for and approved as provided by MCMC 17.55.040. [Ord. 469 § 9.015, 1980].
17.55.030 Conditions for variances to city access management requirements.
It is recognized that special circumstances occasionally occur which require deviations to the city’s access management standards. In such circumstances, alternatives to the adopted standards must be carefully reviewed and proposed deviations clearly justified. Approval criteria include (1) only in cases where the authorized relaxation of the access management standards shall not be contrary to the public interest and (2) only where conditions exist which are particular to the property and which are not the result of the actions of the applicant shall variances be granted. Applications for variances shall be submitted as an element of the site development plan, shall be reviewed by the planning commission through the public hearing process, and shall be coordinated with the responsible agency for the affected facility. Variance requests shall satisfy the access management variance approval criteria as discussed above. [Ord. 469 § 9.016, 1980].
17.55.040 Variance application.
The planning commission may authorize conditional variances to requirements of this title. Application for a variance shall be made by a petition of the land divider, stating fully the grounds of the application and the facts relied upon by the petitioner. The petition shall be filed with the tentative plan. A variance may be granted only in the event that all of the following circumstances exist:
(1) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same vicinity and result from tract size or shape, topography or other circumstances over which the owners of a property, since enactment of this title, have had no control.
(2) The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same vicinity possess.
(3) The variance would not be materially detrimental to the purposes of this title, or to property in the same vicinity in which the property is located, or otherwise conflict with the objectives of any city plan or policy.
(4) The variance requested is the minimum variance which would alleviate the hardship.
(5) If the planning commission believes that a variance from requirements of this title may be detrimental to a reasonable development and if the variance cannot be adequately supported by facts on the above circumstances, the planning commission may require the developer to proceed under the requirements for a planned development in MCMC Title 18. [Ord. 469 § 9.020, 1980].
17.55.050 Appeal procedure.
An action or ruling of the planning commission pursuant to this title may be appealed by an affected or aggrieved party to the city council within a specified time period as set forth in MCMC 17.20.100 and 17.30.030. Written notice of appeal shall be filed with the city administrator accompanied by a service charge established by the city of Myrtle Creek’s handbook of fees and charges. If the appeal is not filed within the time period stated, the decision of the planning commission shall be final and binding on all parties concerned. If the appeal is filed, the city council shall receive a report and recommendation thereon from the city administrator and shall hold a public hearing on the appeal. Notice and conduct of hearing shall be in accordance with MCMC 18.190.010. [Ord. 469 § 9.025, 1980].