Chapter 17.35
VARIANCES, PUBLIC HEARINGS AND ENFORCEMENT
Sections:
17.35.010 Variance application.
17.35.010 Variance application.
The planning commission may after a public hearing (see GMC 17.35.020, Public hearings) approve variances to requirements and regulations of this title. Application for a variance shall be made by a petition of the subdivider or partitioner stating fully the grounds of the application and the facts relied upon by the petitioner. The petition and accompanying nonrefundable filing fee, which shall be set by resolution of the city council, shall be filed with the tentative plan of the subdivision or tentative partition plan of the partition. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary for the planning commission to find the following facts with respect thereto:
A. The request is necessary to prevent a hardship to the applicant; and
B. The proposed development that will result from the granting of the variance will not be injurious to the adjacent area in which the property is located; and
C. The request is necessary to enable reasonable use of the property.
In evaluating whether a request meets the above criteria, the planning commission shall consider the following. The considerations listed below are not standards and are not intended to be an exclusive list of considerations. The considerations are to be used as a guide in planning commission evaluation of an application.
1. Relevant factors to be considered in determining whether a hardship exists include:
a. Physical circumstances related to the property involved;
b. Whether reasonable use can be made of the property without the variance;
c. Whether the hardship was created by the person requesting the variance.
2. Relevant factors to be considered in determining whether the proposed development will be injurious to the adjacent area include:
a. The physical impacts such development will have, such as potential for geologic hazard;
b. Ability to provide and maintain public improvements, such as streets, utilities and drainage;
c. Privacy available to adjacent property. [Ord. 291 § 1, 2006; Ord. 215 § 53, 1994.]
17.35.020 Public hearings.
A. A property owner may initiate a tentative plan for subdivision, or partition, or a request for a variance from the requirements of this title by filing an application with the city pursuant to Chapter 18.210 GMC.
B. The application for a variance shall be submitted at the same time as the application for a tentative plan for a subdivision or partition.
C. Public notice shall be mailed to property owners within 250 feet of the boundary of a proposed subdivision or partition. The content of the public notice shall be in accordance with GMC 18.210.020.
D. The planning commission shall hold a public hearing on the request in accordance with GMC 18.210.050.
E. The planning commission shall make a decision on the request in accordance with GMC 18.210.050(F).
F. A decision of the planning commission may be appealed to the city council in accordance with GMC 18.210.060. [Ord. 291 § 1, 2006; Ord. 215 § 54, 1994.]