This chapter establishes a process for consideration and review
of Variances. Variances are intended to provide a mechanism for relief
from the strict application of this title where it will deprive the
property owner of privileges enjoyed by similar properties because
of the subject property's unique and special conditions.
When practical difficulties, unnecessary hardships or results
inconsistent with the general purposes of this title occur by reason
of a strict interpretation of any of the provisions of this title,
either the Planning Commission or City Council may upon its own motion,
or the Planning Commission upon the verified application of any property
owner or authorized agent may initiate proceedings for the granting
of a Variance from the provisions of this title. Such proceedings
shall occur under conditions deemed necessary to assure that the spirit
and purposes of this title will be observed, public safety and welfare
secured, and substantial justice done.
A.
All
acts of the Planning Commission and City Council under the provisions
of this chapter shall be construed as administrative acts performed
for the purpose of assuring that the intent and purpose of this title
shall apply in special cases, as provided in this chapter, and shall
not be construed as amendments to the provisions of this title or
map.
B.
Variances
may be granted to vary or modify dimensional and performance standards,
but Variances may not be granted to allow uses or activities that
this title does not authorize for a specific lot or site.
The Review Authority shall approve, conditionally approve, or
deny applications for Variances based on consideration of the requirements
of this chapter.
Applications for Variances shall be accepted and processed pursuant to Chapter 30.205, Common Procedures, and the specific requirements of this chapter. In addition to any other application requirements, the application for a Variance shall include data or other evidence in support of the applicable findings required by Section 30.275.060, Required Findings, below.
An application for a Variance shall require public notice and hearing before the Review Authority pursuant to Chapter 30.205, Common Procedures.
A Variance application shall only be approved if the Review
Authority makes all of the following findings. The Review Authority
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. Individual economic circumstances are not
a proper consideration for the granting of a Variance.
A.
That
there are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of the
property, that do not apply generally to the property or class of
use in the same zone or vicinity;
B.
That
the granting of such Variance will not be materially detrimental to
the public welfare, or injurious to the property or improvements in
such zone or vicinity in which the property is located;
C.
That
such Variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant possessed by other property
in the same zone and vicinity;
D.
The
granting of the Variance is necessary to prevent a physical hardship
which is not of the applicant's own actions or the actions of a predecessor
in interest; and
E.
The
granting of the Variance will be consistent with the general purposes
and objectives of this title, any applicable specific plans, and of
the General Plan and Local Coastal Program.
In approving a Variance, the Review Authority may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 30.275.060, Required Findings, above and may require reasonable guarantees and evidence that the applicant is complying, or will comply, with the conditions of approval.
