Chapter 17.195
VARIANCES
Sections:
17.195.010 Authority and purpose.
17.195.020 Application.
17.195.030 Investigation.
17.195.040 Public hearing and notice.
17.195.050 Approval or denial.
17.195.060 Conditions.
17.195.070 Effective date.
17.195.080 Cancellation.
17.195.090 Appeals.
17.195.100 Stay pending appeal.
17.195.010 Authority and purpose.
The commission shall review and act upon applications for variances. Variances are provided for by this chapter for the purpose of relaxing zoning district requirements in special circumstances. [Ord. 83-40-O §3, 1983. Formerly §17.66.010].
17.195.020 Application.
An application for a variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. [Ord. 83-40-O §3, 1983. Formerly §17.66.020].
17.195.030 Investigation.
An investigation of the variance request shall be made and a written report provided to the commission by the community development department. The findings required to be made by the commission shall be specifically addressed in the report. [Ord. 83-40-O §3, 1983. Formerly §17.66.030].
17.195.040 Public hearing and notice.
The commission shall hold a public hearing on each properly submitted application for a variance within 50 working days after the date of the next available meeting agenda deadline. The applicant shall be notified of the date of such hearing. The community development department shall send to each owner of property within a minimum distance of 300 feet of the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. For the purposes of this chapter, “property owner” means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with state law by legal publication in local newspapers. [Ord. 04-07 §4, 2004; Ord. 83-40-O §3, 1983. Formerly §17.66.040].
17.195.050 Approval or denial.
Within 40 days after the filing of an application, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission.
A. Approval. If it is the finding of the commission, after consideration of the investigator’s report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted:
1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district;
2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship;
3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public’s health, safety or general welfare;
4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan;
5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and
6. That granting the variance will not permit a prohibited land use in the district involved.
B. Denial. If the commission finds, after consideration of the investigator’s report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. [Ord. 83-40-O §3, 1983. Formerly §17.66.050].
17.195.060 Conditions.
The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. [Ord. 83-40-O §3, 1983. Formerly §17.66.060].
17.195.070 Effective date.
The decision of the commission to approve or deny a variance shall become final and effective 10 days following such decision. [Ord. 83-40-O §3, 1983. Formerly §17.66.070].
17.195.080 Cancellation.
Failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. [Ord. 83-40-O §3, 1983. Formerly §17.66.080].
17.195.090 Appeals.
An appeal of the commission’s decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the commission’s decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. [Ord. 83-40-O §3, 1983. Formerly §17.66.090].
17.195.100 Stay pending appeal.
An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. [Ord. 83-40-O §3, 1983. Formerly §17.66.100].