Chapter 18.74 — VARIANCES

The purpose of this chapter is to provide a procedure to deviate from development standards, where it is determined that the strict application of this Code results in practical difficulties, unnecessary hardships, or inconsistencies with the general intent of this title. The purpose is to assure that no property, because of the special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. (Ord. 5920 § 1 (part); June 8, 2004.)

The approval authority may, subject to the provisions of this chapter, grant such variances from the provisions of this title as may be in harmony with its general purpose and intent, so that the spirit of this title shall be observed, public safety and welfare secured and justice achieved. The approval may include conditions and safeguards as appropriate. The sole purpose of any variance shall be to prevent discrimination, and no variance shall be approved which would have the effect of granting a special privilege not shared by other property in the same zone and vicinity. A variance shall not be granted for a use or activity (i.e., use variance) that is not otherwise expressly authorized by the zone regulation governing the parcel of property. (Ord. 5920 § 1 (part); June 8, 2004.)

An application for a variance may be initiated as prescribed in this section.

.010 Petition. A variance may be initiated by the verified petition of one or more owners of property affected by the proposed variance, which petition shall be filed with the Planning Department, and shall be accompanied by a fee as prescribed in Chapter 18.80 (Fees). .020 City Council. A variance may be initiated by motion of the City Council.

.030 Planning Commission. A variance may be initiated by motion of the Planning Commission. (Ord. 5920 § 1 (part); June 8, 2004.)

.010 Planning Commission. The approval authority for variances is the Planning Commission. (Repealed by 6156, 9/22/09) (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6156 § 45; September 22, 2009.)

In approving variances, the approval authority may establish such conditions as it may determine to be reasonably necessary to safeguard and protect the public health and safety, promote the general welfare, and ensure the development of any use authorized in accordance with approved plans. The approval authority may not, however, impose a condition requiring the dedication of land or the posting of a bond to guarantee installation of public improvements, if either is not reasonably related to the use of the property for which the variance is requested. (Ord. 5920 § 1 (part); June 8, 2004.)

.010 Specific Description Required. No variance from any specific provision of this code shall be deemed to have been granted, unless the description of the specific waiver provisions are contained in the resolution or written decision, as appropriate, granting the variance .020 Required Findings. Before the approval authority, or City Council on appeal, may approve a variance, other than as governed by subsection .030 below, it must make a finding of fact, by resolution or written decision, that the evidence presented shows that all of the following conditions exist:

.0201 That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity;

.0202 That, because of special circumstances shown in subsection .0201, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity.

.030 Special Findings. There are instances expressly set forth in the Code, where the required findings set forth in subsection .020 (Required Findings) for granting of a variance are not appropriate, and alternate required findings have been identified, including but not limited to, variances relating to the minimum number of required parking spaces, as provided in Section 18.42.110 (Parking Variances) of Chapter 18.42 (Parking and Loading), or dedications and improvements, as provided by subsection .080 (Discretionary Exemptions) of Section 18.40.060 (Dedications and Improvements) of Chapter 18.40 (General Development Standards) Sound Attenuation for residential

developments .090 (Sound Attenuation) of Chapter 18.40 (General Development Standards). Before the approval authority, or City Council on appeal, may approve a variance in said instances, it shall make findings of fact, by resolution or written decision, as identified in those sections. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6101 § 59; April 22, 2008.)

The procedures for processing a variance are those set forth in Chapter 18.60 (Procedures). (Ord. 5920 § 1 (part); June 8, 2004.)