This chapter is intended to provide a mechanism for relief from
the strict application of this title where it would deprive the property
owner of privileges enjoyed by similar properties because of the subject
property's unique and special conditions.
(Ord. 19-1 § 3)
Variances may be granted to vary or modify dimensional and performance
standards but may not be granted to allow uses or activities that
this title does not authorize for a specific lot or size.
(Ord. 19-1 § 3)
The Planning Commission shall act as the Review Authority for
Variance applications based on consideration of the requirements of
this chapter.
(Ord. 19-1 § 3)
Applications for a Variance shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Section 17.35.020, Application Forms and Fees. In addition to any other application requirements, the application for a Variance shall include evidence showing that the requested Variance conforms to the required findings set forth in Section 17.41.060, Required Findings.
(Ord. 19-1 § 3)
(Ord. 19-1 § 3)
After conducting a public hearing, the Planning Commission must
make all of the following findings in order to approve or conditionally
approve a Variance application. The Commission shall deny an application
for a Variance if it is unable to make any of the required findings,
in which case it shall state the reasons for that determination.
A.
There
are exceptional or extraordinary circumstances or conditions applicable
to the property involved that do not apply generally to property in
the vicinity and identical zone, and that the granting of a Variance
will not constitute a granting of a special privilege inconsistent
with the limitations on the property in the vicinity and identical
zone;
B.
The
granting of the application is necessary to prevent a physical hardship
which is not of the applicant's own actions or the actions of a predecessor
in interest;
C.
The
granting of the application will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental
to the public health, safety, general welfare or convenience; and
D.
The
granting of the Variance will be consistent with the general purposes
and objectives of this title, any applicable specific plans, and the
General Plan.
(Ord. 19-1 § 3)
In approving a Variance, the Planning Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 17.41.060, Required Findings, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
(Ord. 19-1 § 3)
