Chapter 17.24
VARIANCES
Sections:
17.24.010 Initiation.
17.24.020 Application – Filing.
17.24.030 Application – Contents.
17.24.040 Authority to grant variance.
17.24.060 Conditions for granting.
17.24.090 Yard variances without hearing.
17.24.010 Initiation.
Whenever practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title and Title 18 occur through a strict interpretation of their provisions, the commission, upon its own motion may or upon the verified application of any property owner or owners, shall in specific cases initiate proceedings for the granting of a variance from the provisions of this title and Title 18 under such conditions as may be necessary to assure that the spirit and purpose of this title and Title 18 will be observed, public safety and welfare secured, and substantial justice done. All acts of the commission and city council under this chapter shall be construed as administrative acts for the purpose of assuring that the intent and purpose of this title and Title 18 shall apply in special cases, as provided in this chapter, and shall not be construed as amendments to the provisions of this title and Title 18 or the zoning map. (Ord. 84 § 8.1, 1948)
17.24.020 Application – Filing.
Application for variance shall be made in writing, on forms provided by the city for that purpose. The commission, from time to time, shall prescribe the information to be provided thereon. Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city, and there shall be attached to each such application copies of all notices and actions pertaining thereto. A uniform fee shall be paid to the city upon the filing of each application for the purpose of defraying expenses incidental to the proceedings. The fee shall be fixed by the city council by resolution. Each application shall immediately be referred to the commission for hearing as provided in this chapter. (Ord. 424 § 1, 1986: Ord. 337 § 1, 1978: Ord. 84 § 8.3, 1948)
17.24.030 Application – Contents.
The application for variance shall set forth in detail such facts as may be required by the planning commission and as may relate to the conditions specified in Section 17.24.060, and shall be accompanied by:
A. Legal description of the property involved and the proposed use, with complete plans and also ground plans and elevations of all proposed buildings, and locations of existing buildings; also description of the proposed use;
B. A reference to the specific provisions of this title and Title 18 from which such property is sought to be excepted;
C. The names and addresses of all property owners within three hundred feet from the exterior limits of the property involved, as shown by the latest assessment roll of the county;
D. Evidence of the ability and intention of the applicant to proceed with actual construction work in accordance with the plans within six months from the date of filing the application. (Ord. 84 § 8.4, 1948)
17.24.040 Authority to grant variance.
The planning commission or council, as the case may be, may grant or deny a variance on such terms and conditions as may be in harmony with the applicable criteria and requirements specified in this title and with the general intent and purpose of this code. (Ord. 598 § 6, 1996)
17.24.060 Conditions for granting.
A. Before any variance may be granted, it shall be affirmatively shown:
1. That there are special circumstances attached to the property referred to in the application or motion, which do not apply generally to other properties in the same district;
2. That the granting of such variance is necessary to do substantial justice, and to avoid practical difficulty, unnecessary hardship, or results inconsistent with the general purposes of this title and Title 18;
3. That the granting of the variance will not result in material damage or prejudice to other property in the vicinity, nor be detrimental to the public safety or welfare.
B. A variance may also be granted to permit a use essential to the prosecution of any war in which the United States may be engaged; provided, that subdivision 3 of subsection A of this section applies; and further provided, that such variance shall expire not later than six months after cessation of physical hostilities in connection with such war. (Ord. 84 § 8.2, 1948)
17.24.090 Yard variances without hearing.
A. Notwithstanding any other provisions of this chapter, the planning commission may, if it so elects, act on the following and report to the city council, without a public hearing as required in this chapter: Allow a reduction of lot area requirements and front, side and rear yard regulations where, in its judgment, the shape of the building site, topography, the location of existing buildings or other conditions, make a strict compliance with the regulation impossible without practical difficulty or hardship.
B. Where a petition is granted without hearing, the filing fee, with the application therefor, shall be set by the city council by resolution. (Ord. 426 § 1, 1986: Ord. 84 § 8.9, 1948)