Note: Prior ordinance history: Ord. Nos. NS-791 and CS-102.
A.
When
practical difficulties, unnecessary hardships, or results inconsistent
with the general purpose of this title result through the strict and
literal interpretation and enforcement of the provisions hereof, a
minor variance or variance from the provisions of this title may be
approved or conditionally approved, so that the spirit of this title
shall be observed, public safety and welfare secured and substantial
justice done.
B.
The
purpose of any minor variance or variance shall be to prevent discrimination,
and no variance shall be approved or conditionally approved which
would have the effect of granting a special privilege not shared by
other property in the same vicinity and zone.
(Ord. CS-178 § XCVII,
2012)
A.
An
application for a minor variance or variance may be made by the record
owner or owners of the property affected or the authorized agent of
the owner or owners. The application shall:
1.
Be
made in writing on a form provided by the City Planner;
2.
State
fully the circumstances and conditions relied upon as grounds for
the application; and
3.
Be
accompanied by adequate plans, which allow for detailed review pursuant
to this chapter and demonstrate compliance with the requirements of
this chapter, a legal description of the property involved and all
other materials as specified by the City Planner.
B.
At
the time of filing the application, the applicant shall pay the application
fee contained in the most recent fee schedule adopted by the City
Council.
(Ord. CS-178 § XCVII,
2012)
A.
Notice
of an application for a minor variance shall be given pursuant to
the provisions of Sections 21.54.060.B and 21.54.061 of this title.
B.
Notice
of an application for a variance shall be given pursuant to the provisions
of Sections 21.54.060.A and 21.54.061 of this title.
(Ord. CS-178 § XCVII,
2012)
A.
Minor
Variances.
1.
The
City Planner may approve, conditionally approve or deny a minor variance
for the following:
a.
Modifications of distance or area regulations, provided such modification
does not exceed seventy-five percent of required front, side or rear
yards nor exceed ten percent of maximum lot coverage regulations;
i.
Unenclosed balconies, patios and decks which extend above the existing
ground level may be allowed to project to the property lines of side
or rear yards immediately adjacent to permanent open space areas.
b.
Modifications of the minimum lot width regulations, provided such
modification does not result in a lot width less than fifty feet;
c.
Walls or fences to exceed heights permitted by the zoning regulations;
d.
Modifications to the sign area regulations, provided such modification
does not exceed ten percent of the maximum allowed sign area;
e.
Modifications to the sign height regulations provided such modification
does not exceed ten percent of the maximum allowed sign height.
2.
The
City Planner's decision shall be based upon his/her review of the
facts as set forth in the application, of the circumstances of the
particular case, and evidence presented at the administrative hearing,
if one is conducted pursuant to the provisions of Section 21.54.060.B.2
of this title.
B.
Variances.
1.
The Planning Commission may approve, conditionally approve or deny a variance that is not subject to subsection A of this section.
2.
The
Planning Commission's decision shall be based upon its review of the
facts as set forth in the application, of the circumstances of the
particular case, and evidence presented at the public hearing.
(Ord. CS-178 § XCVII,
2012)
A.
No
minor variance or variance shall be approved or conditionally approved
unless the decision-making authority finds:
1.
That
because of special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, the strict
application of the zoning ordinance deprives such property of privileges
enjoyed by other property in the vicinity and under identical zoning
classification;
2.
That
the minor variance or variance shall not constitute a grant of special
privileges inconsistent with the limitations upon other properties
in the vicinity and zone in which the subject property is located
and is subject to any conditions necessary to assure compliance with
this finding;
3.
That
the minor variance or variance does not authorize a use or activity
which is not otherwise expressly authorized by the zone regulation
governing the subject property;
4.
That
the minor variance or variance is consistent with the general purpose
and intent of the general plan, this title and any applicable specific
or master plans;
5.
In
addition, in the coastal zone, that the minor variance or variance
is consistent with the general purpose and intent of the certified
local coastal program and does not reduce or in any manner adversely
affect the requirements for protection of coastal resources.
(Ord. CS-178 § XCVII,
2012)
When a decision on a minor variance or variance is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section 21.54.120 of this title.
(Ord. CS-178 § XCVII,
2012)
(Ord. CS-178 § XCVII,
2012)
