Chapter 86.52
VARIANCES
Sections:
86.52.030 Planning Commission – Powers, duties.
86.52.040 Application – Contents, fee.
86.52.050 Notice and hearing on variance application.
86.52.060 Planning Commission hearing – Findings and decisions by resolution.
86.52.110 Continuation of hearings.
86.52.120 Notice of decision of Council on appeal.
86.52.130 Revocations – Expiration of variance, appeal.
86.52.010 Purpose.
The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. No variance shall be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation or regulations governing the parcel of property.
86.52.020 When granted.
Variances from regulations set forth in this title applicable to the particular zone in which the property is located shall be granted only when, because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
86.52.030 Planning Commission – Powers, duties.
The Planning Commission shall have the power and the responsibility to perform the duties relating to the hearing of and applications for variances from the requirements of this title pursuant to applicable provisions of the Government Code of the State of California and this code. Variances may be granted upon such conditions and limitations as the Planning Commission or City Council shall deem reasonable and necessary or advisable under the circumstances so that the objectives of this title shall be achieved. The Planning Commission shall have continuing jurisdiction over any variance which is or has been granted and may terminate it at any time in whole or in part for failure to comply with any condition or requirement imposed at the time of approval, but any such condition of limitation shall be subject to appeal as hereinafter provided.
86.52.040 Application – Contents, fee.
Applications for a variance shall be in writing on forms provided for that purpose by the Community Development Department and shall contain such information as may be required by the Community Development Department to adequately provide for the research, hearing and final disposition of the variance request. All applications shall be signed and dated by the property owner or his authorized representative. A filing fee as required by City Council resolution shall be paid and made payable to the City at the time a completely executed application form is submitted to the Community Development Department. Such fee is for the purpose of defraying the expenses of publication of legal notices of public hearing, postage and other costs incidental to the proper conduct of the proceedings herein provided. No application shall be accepted unless and until it complies with the requirements of this chapter. Variance applications filed pursuant to this chapter shall become a part of the permanent public record of the City and there shall be attached and filed therewith copies of all notices, affidavits, resolutions and minute actions pertaining thereto. (Ord. 1808; Ord. 1408)
86.52.050 Notice and hearing on variance application.
Upon the filing of a verified application for a variance and payment of the required fee, the Community Development Department shall cause to be published a notice of public hearing entitled “notice of proposed variance.” The notice shall be published one time in a newspaper of general circulation in the City of Coronado not less that 10 days prior to the date of the public hearing and shall contain a description of the property under consideration and the nature of the variance requested. In addition, the Department shall mail the notice to each owner of property contiguous to the property that is the subject to the variance.
86.52.060 Planning Commission hearing – Findings and decisions by resolution.
Not later than 21 days following the close of a public hearing on any variance request, the Planning Commission shall render its decision by formal resolution stating therein the reasons and facts, which, in the Commission’s judgment, make the granting of the variance necessary to carry out the provisions of this title. If the variance is granted, the resolution shall also recite such conditions and limitations as the Commission may impose. The decision of the Commission shall become final 10 calendar days after the adoption of the resolution unless a notice of appeal to the City Council is filed with the City Clerk in accordance with Chapter 1.12 CMC. (Ord. 2025 § 32, 2011)
86.52.070 Appeals to Council – Time, filing of notice.
Repealed by Ord. 2025.
86.52.080 Appeals to Council – Hearing, notice.
Repealed by Ord. 2025. (Ord. 1570)
86.52.090 Decision of Council after hearing on appeal.
Repealed by Ord. 2025.
86.52.100 Council to announce findings and decision of appeal by resolution.
Repealed by Ord. 2025.
86.52.110 Continuation of hearings.
Any hearing provided for in this chapter may be continued from time to time; provided, that the presiding officer at the hearing shall, prior to adjournment, publicly announce the time and place of the continuance. No further notice shall be required.
86.52.120 Notice of decision of Council on appeal.
Immediately upon adoption of a resolution rendering a final decision on a variance, the City Clerk shall mail a copy of the resolution to the applicant for the variance and any other parties requesting such resolution. The City Clerk shall send one copy to the Community Development Department which shall be attached to the Commission’s file of the case, and the file shall be returned to the Commission for permanent filing.
86.52.130 Revocations – Expiration of variance, appeal.
The Planning Commission may, after a public hearing held pursuant to this chapter, revoke or modify any variance issued upon any one or more of the following grounds:
A. Failure to comply with any condition, requirement or limitations imposed at the time of approval of the variance;
B. That no substantial construction has taken place under such variance;
C. That there has been a lapse of work for six months under such variance;
D. That the variance granted is being or has recently been exercised contrary to or in violation of any condition of approval, statute, law, ordinance or regulation;
E. That the variance granted when exercised is found to be detrimental to the public health, safety or welfare by the Commission or Council, and shall become null and void if not exercised within one year from the date of final approval of the variance. Any person aggrieved by a decision of the Commission on any revocation may appeal to the Council as provided for in this chapter;
F. Upon final denial of any variance applied for pursuant to this chapter, no identical, subsequent application shall be accepted for filing for a period of six months commencing on the effective date of the final denial.