Chapter 17.16
VARIANCE PERMITS
Sections:
17.16.020 Variance permit application.
17.16.030 Action by the planning commission.
17.16.040 Planning commission decision.
17.16.050 Appeal to the city council.
17.16.060 Action by the city council.
17.16.080 Issuance of a variance permit.
17.16.090 Minor deviation permit.
17.16.010 Purpose.
Where practical difficulties, unnecessary hardships and conditions inconsistent with the general purposes of this title may result from the strict application of certain provisions thereof, variances may be granted as provided in this chapter. The granting of any variance and the conditions attached to such grant shall assure that such variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and district in which the property is situated. (Ord. 90-02 §2(part), 1990).
17.16.020 Variance permit application.
The applicant shall submit ten copies of a site plan and a completed variance application form. (Ord. 90-02 §2(part), 1990).
17.16.030 Action by the planning commission.
A. The planning commission shall hold a public hearing on the proposed variance permit. At the public hearing the planning commission shall review and consider testimony of the applicant, public, representatives from other agencies and city officials on the proposed variance.
B. The public hearing shall be conducted in accordance with the rules and procedures specified in Chapter 17.10.
C. The planning commission may grant an application for a variance permit as requested or in a modified form, if on the basis of the application and the testimony submitted, the commission makes the following findings:
1. That any variance permit granted shall be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated.
2. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning law is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.
3. That the granting of the variance permit will not be contrary to the intent of this title or to the public safety, health and welfare or injurious to other properties in the vicinity.
4. A variance has not been granted for a use or activity which is not authorized by the zone regulations governing the parcel of property.
5. A variance shall not be granted on economic grounds. (Ord. 90-02 §2(part), 1990).
17.16.040 Planning commission decision.
A. The planning commission by resolution may approve, approve with conditions, deny or deny without prejudice a variance permit. The resolution shall describe the basis for the decision, including the findings set forth in Section 17.12.040(C).
B. The decision of the commission shall be final unless appealed to the city council.
C. The commission shall cause a copy of its resolution to be mailed to the applicant within ten days from the adoption thereof. (Ord. 90-02 §2(part), 1990).
17.16.050 Appeal to the city council.
Any person, including the city planner, may appeal the planning commission’s decision to the city council in accordance with the procedure specified in Chapter 17.22. (Ord. 90-02 §2(part), 1990).
17.16.060 Action by the city council.
Upon appeal of the planning commission’s action, the city council shall hold a new public hearing. It shall review the proceedings held by the commission, and either affirm, deny or modify the commission’s decision. The decision of the council shall be final. (Ord. 90-02 §2(part), 1990).
17.16.070 Conditions.
A variance permit can be approved subject to conditions. Said conditions shall ensure that the variance does not constitute a grant of special privileges, and that the purpose and intent of this title and the general plan are met. (Ord. 90-02 §2(part), 1990).
17.16.080 Issuance of a variance permit.
Variance permits shall not be issued until seven working days have elapsed from the granting thereof. (Ord. 90-02 §2(part), 1990).
17.16.090 Minor deviation permit.
A. A minor deviation permit may be granted, upon written request, as an administrative matter by the city planner and subject to such conditions as he may impose.
B. The granting of a minor deviation permit shall not be subject to the notice or public hearing procedures specified in this title.
C. A minor deviation shall be defined as: a variance of ten percent or less from zone standards specified in this title, including lot area, lot dimensions, setback distances, lot coverage, height limitations, parking requirements, or other zone standard requirements.
D. Within fifteen days of receiving a request for a minor deviation the city planner shall prepare an administrative resolution approving, approving with conditions, or denying the request. A copy of this resolution shall be sent to the applicant within five working days of the decision. The decision of the city planner is final unless appealed to the planning commission in accordance with the procedures described in Chapter 17.22. (Ord. 90-02 §2 (part), 1990).