Chapter 25.84 — VARIANCES

• A. Purpose. The purpose of this chapter is to ensure that:

  1. Variances are only approved when, because of special circumstances applicable to a property, the strict application of this title denies the owner of the property privileges enjoyed by other property located nearby and in an identical zone; and

  2. Specific findings are required and associated conditions are applied that would work together to guarantee that the variance shall not constitute an approval of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zone in which the subject property is located.

• B. Applicability. The Commission, or Council on appeal, may approve a variance that allows for any adjustment from any of the development standards required by this title only after first making the findings specified in Section 25.84.030 (Findings and Decision).

• C. Limitations. This chapter does not grant the power to approve variances to allow land uses or activities in a zoning district that are explicitly prohibited.

• (Ord. 2000 § 2, (2021))

• A. Filing. An application for a variance shall be filed and processed in compliance with Chapter 25.62 (Application Processing Procedures). The application shall include the information and materials specified in the Department handout for variance applications, together with the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 25.84.030 (Findings and Decision). Initial review of the application, including time requirements and requests for information, shall be as provided in Section 25.62.060 (Initial Application Review).

• B. Project Review Procedures. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this chapter.

• C. Notice, Hearings, and Appeals.

  1. A public hearing shall be required with the Planning Commission on a variance application. Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Chapter 25.100 (Public Hearings and Notice).

  2. The Commission's decision is appealable to the Council in compliance with Chapter 25.98 (Appeals).

• (Ord. 2000 § 2, (2021))

A variance may be granted provided that the Commission, or the Council on appeal, finds, after a full investigation and public hearing, that all the following are true:

• A. There are exceptional or extraordinary circumstances or conditions applicable to the

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City of Burlingame, CA § 25.84.030

BURLINGAME CODE

§ 25.84.060

property involved that do not apply generally to property in the same zoning district;

• B. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship;

• C. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity and will not be detrimental to the public health, safety, general welfare or convenience; and

• D. That the use of the property will be compatible with the aesthetics, mass, bulk, and character of existing and potential uses of properties in the general vicinity.

• (Ord. 2000 § 2, (2021))

Each application shall be reviewed on an individual case-by-case basis and the approval of a prior variance is not admissible evidence for the approval of a new variance. (Ord. 2000 § 2, (2021))

In approving a variance application, the Commission, or Council on appeal, may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 25.84.030 (Findings and Decision). (Ord. 2000 § 2, (2021))

Variances shall run with the land and confer the rights granted to and conditions placed upon the applicant onto subsequent property owners.

(Ord. 2000 § 2, (2021))

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City of Burlingame, CA