When unreasonable and unnecessary hardships or results inconsistent
with the general purpose of this title result through the strict and
literal interpretation and enforcement of the provisions thereof,
the planning commission of the city shall have authority as an administrative
act subject to the provisions of this section, to grant upon such
conditions as it may determine such variances from the provisions
of this code as may be in harmony with its general purpose and intent
so that the spirit of this code shall be observed, public safety and
welfare secured, and substantial justice done. The sole purpose of
any variance shall be to prevent discrimination and undue hardship
and no variance shall be granted which would have the effect of granting
a special privilege not shared by other property in the same vicinity
and zone. Before any variance may be granted the planning commission
or the city council on appeal, it shall be shown:
A. That
there are exceptional and extraordinary circumstances of conditions
applicable to the property involved;
B. That
such variance is necessary for the preservation and enjoyment of the
substantial property right possessed by other property in the same
vicinity and zone and denied to the property in question;
C. That
the granting of such variance will not be materially detrimental to
the public welfare or injurious to the property or improvements in
such vicinity and zone in which property is located;
D. The
granting of such variances will not adversely affect the general plan
for Crescent City;
E. That
a public hearing wherein the applicant is heard and in which he substantiates
all of the conditions cited above; and
F. That the planning commission is reviewing such requests and hearing the evidence finds that conditions of subsections
A through
E of this section have been met.
(Prior code § 30-502)
Upon the filing of a written application for a variance by a
property owner or by a lessee with the consent of the owner, the planning
commission shall give notice to properties which are immediately adjacent
and opposite from the property in question. Such notice shall give
intention to consider at a public hearing the granting of the variance.
Upon the filing of an application for variance the secretary of the
commission shall either place the matter on the agenda for consideration
by the commission at a subsequent meeting, then give notice by mail
of the time, place and purpose thereof to the applicant as well as
to the public in general. No more than twenty days following the termination
of the public hearing on a variance the planning commission shall
announce its findings by a formal report, and such report shall recite
among other things the facts and reasons which, in its opinion, made
the granting or denial of the variance necessary to carry out the
provisions and general purpose of this chapter, and shall order that
the variance be granted or denied, and if such report orders that
the variance be granted it shall also recite such conditions and limitations
as it may impose. The formal report of the planning commission announcing
its findings and orders after a hearing on an application for variance
shall become a permanent record in the files of the planning commission.
No later than ten days following the rendering of a decision ordering
that a variance be granted or denied a copy of the report shall be
mailed to the applicant and any other person requesting such report.
(Prior code § 30-502.1)
The order of the planning commission in granting or denying
a variance shall become final and effective ten days after the rendering
of its report granting or denying the variance unless within such
ten day period an appeal in writing is filed with the council by any
person dissatisfied with the decision of the planning commission.
The filing of such appeal within such limit shall stay the effective
date of the order of the planning commission until such time as the
council has acted on the appeal.
(Prior code § 30-502.2)
Not later than ten days following the adoption of a resolution
ordering that a variance be granted or denied, a copy of such resolution
shall be mailed to the applicant and any other parties requesting
notice of the action and one copy shall be attached to the planning
commission's file on the case and such file returned to the planning
commission for permanent filing.
(Prior code § 30-502.4)