The purpose of this chapter is to provide flexibility from the strict application of development standards consistent with the purposes of this title. Variances are intended to resolve practical difficulties or unnecessary hardships resulting from the strict application of development standards when special circumstances pertaining to the land such as size, shape, topography, location or surroundings deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.
(O2003-12)
The Planning Commission shall approve, conditionally approve or deny applications for variances.
(O2003-12)
General regulations for the variance process, including application, review time frame, processing fees, environmental review, processing of multiple applications, continuance of hearing, scheduling Council hearing, effect of failure to give notice, the effective date of permit, approval to run with the land, extensions, amendments, revocation, new application following denial and expiration are found in Chapter 17.68.
(O2003-12)
All plans, drawings, specifications and other information pertaining to a proposed project provided by an applicant in connection with any application for a variance under this title, and any and all representations, whether written or oral, made by the applicant either to staff or to any city decision maker, in an application or during any part of the permit review process, shall automatically be deemed a part of such project, and a condition of entitlement by operation of law, if such entitlement is approved or granted.
(O2003-12)
The Planning Commission may issue a variance if the following findings can be made.
A. 
Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the requirements of this title deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district.
B. 
The special circumstances applicable to the property are not created by any act of the owner. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships.
C. 
The variance will not constitute a special privilege of the recipient not enjoyed by properties in the vicinity and the same zoning district.
D. 
The variance will not be detrimental or injurious to adjacent properties in the vicinity, or to the public health, safety and welfare of the community.
(O2003-12)
The Planning Commission shall hold a public hearing on an application for a variance. Notice shall be provided in accordance with Chapter 17.68. The Planning Commission shall prepare a written decision that shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.
(O2003-12)
Appeals of Planning Commission decisions on variances shall be filed within 10 calendar days of the decision on the permit, or if the 10th day is a weekend or city holiday, the deadline is extended to the next working day. Appeals shall be filed and processed in accordance with Chapter 17.70 (Appeals).
(O2003-12; O2004 9)
A previous variance shall not be considered to have set a precedent for the granting of further variances; each case must be considered on its individual merit.
(O2003-12)