50.08.003 HARDSHIP VARIANCES

1. PURPOSE

The purpose of hardship variances is to allow development not in conformance with the requirements of the Community Development Code relating to the property.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

2. CLASSIFICATION OF VARIANCECode Interpretations

Hardship variances are significant changes from the Code requirements and are likely to create impacts on adjacent property or users. The City Manager shall decide the classification of any variance application. Hardship variances include:

a.    Variances from setback requirements for a single-family dwelling of more than 20% or where the resulting side yard setback is less than five ft. in width.

b.    Variance from yard setback requirements for an associated accessory structure to a single-family dwelling that does not comply with the three criteria set forth in LOC 50.03.004.2.b.i(1) through (3), Setback Reduction for Accessory Structures, of more than 20%.

c.    Variances from the minimum lot width or depth of more than five ft.

d.    Variances from setback requirements for structures other than those described in LOC 50.08.002.3.a of more than two ft. in side and front yards and more than five ft. in rear yards or where the resulting side yard setback is less than five ft. in width.

e.    Variances from the lot coverage or floor area for other than a single-family residential dwelling or its associated accessory structures.

f.    Variances to building height.

g.    Variance to fence, wall, and retaining wall requirements, other than height.

h.    Variances to any other requirement of this Code except as classified as a minor variance above, and applicable to a development.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

3. VARIANCE STANDARDS

The reviewing authority may grant a variance from the requirements of this Code, except as expressly prohibited, if it is established that:

a.    Hardship Variance Standards

i.    The request is necessary to prevent unnecessary hardship; and

ii.    Development consistent with the request will not be injurious to the neighborhood in which the property is located or to property established to be affected by the request; and

iii.    The request is the minimum variance necessary to make reasonable use of the property; and

iv.    The request is not in conflict with the Comprehensive Plan.

b.    Hardship Variance Factors and Considerations

i.    In evaluating whether a particular request is to be granted, the granting authority shall consider the following, together with any other relevant facts or circumstances:

(1)    Relevant factors to be considered in determining whether a hardship exists include:

(a)    Physical circumstances related to the piece of property involved.

(b)    Whether a reasonable use similar to like properties can be made of the property without the variance.

(c)    Whether the hardship was created by the person requesting the variance.

(d)    The economic impact upon the person requesting the variance if the request is denied.

(2)    Relevant factors to be considered in determining whether development consistent with the request is injurious include:

(a)    An analysis of the physical impacts such development will have, such as visual, noise, traffic and the increased potential for drainage, erosion and landslide hazards.

(b)    The perceptions of residents and owners of property in the neighborhood concerning the incremental impacts occurring as a result of the proposed variance.

ii.    A determination of whether the standards set forth in subsection 4.b.i of this section are satisfied necessarily involves the balancing of competing and conflicting interests. The considerations listed in subsection 4.b.i(2) of this section are not standards and are not intended to be an exclusive list of considerations. The considerations are to be used as a guide in the granting authority’s deliberations.

(Ord. 2579, Repealed and Replaced, 03/20/2012)

4. VARIANCE NOT ALLOWABLE

a.    No hardship variance shall be granted that will permit a use not permitted in the applicable zoning district or that will increase the allowable residential density in any zone.

b.    No hardship variance to a zone requirement for which an exception was granted pursuant to LOC 50.07.007.4.d.ii, Dimensional Exceptions, shall be granted to a lot within a planned development where an exception to the zone requirement was granted from the underlying zone requirements by the planned development overlay approval.

c.    No hardship variance shall be granted to a setback required under LOC 50.05.010, Sensitive Lands Overlay Districts. This provision does not prevent modification of protected riparian areas or setbacks as permitted by that section.

(Ord. 2579, Repealed and Replaced, 03/20/2012)