Chapter 18.135
VARIANCES
Sections:
18.135.060 Termination of approval.
18.135.070 Special conditions.
18.135.080 Administrative variances.
18.135.010 Purpose.
The planning commission may authorize a variance from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of the requirements of this title would cause an undue hardship. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
18.135.020 Limitations.
No variance shall be granted which will permit a use not permitted in the zone applicable to the property or to alter any procedural requirement of this title. No variance shall be granted to further reduce in size a substandard lot. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
18.135.030 Application.
An application for a variance shall be made by the owner of the affected property, or authorized agent, on a form prescribed by the city. The application shall be accompanied by the appropriate fee and information required by the application form. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
18.135.040 Decision process.
Variance permits are Type III decisions. The planning commission shall conduct a public hearing on the application and may approve, approve with conditions, or deny the application for a variance. In approving a variance, the planning commission may impose conditions found necessary to protect the best interests of the surrounding property or neighborhood, or the city as a whole. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
18.135.050 Criteria.
In order to grant a variance, the planning commission shall make findings of fact to support the following conclusions:
A. That special conditions exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings, or structures in the same district;
B. That strict interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;
C. That the special conditions or circumstances do not result from the actions of the applicant and do not merely constitute inconvenience;
D. That granting the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and
E. That any variance granted shall be the minimum that will make possible a reasonable use of land, buildings and structures. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
18.135.060 Termination of approval.
A variance shall become void two years after the date of final approval unless prior to that time a building permit has been issued for the project and substantial construction has taken place. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
18.135.070 Special conditions.
The permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure unless otherwise specified in conditions attached to the permit. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)
18.135.080 Administrative variances.
The planning director shall have the authority to grant administrative relief of up to 20 percent on one site development requirement without the need for a variance. Administrative variances shall be reviewed and determined as Type I decisions, and may be approved only after finding that approval shall result in:
A. More effective use of the site;
B. The preservation of natural features, where appropriate;
C. The adequate provision of light, air and privacy to adjacent properties; and/or
D. Adequate access. (Ord. 974 § 4 (Exh. A.2 § 6.5), 1998)