Chapter 17.56 — VARIANCES

When unreasonable and unnecessary hardships or results inconsistent with the general purpose of this title result through the strict and literal interpretation and enforcement of the provisions thereof, the planning commission of the city shall have authority as an administrative act subject to the provisions of this section, to grant upon such conditions as it may determine such variances from the provisions of this code as may be in harmony with its general purpose and intent so that the spirit of this code shall be observed, public safety and welfare secured, and substantial justice done. The sole purpose of any variance shall be to prevent discrimination and undue hardship and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone. Before any variance may be granted the planning commission or the city council on appeal, it shall be shown:

• A. That there are exceptional and extraordinary circumstances of conditions applicable to the property involved;

• B. That such variance is necessary for the preservation and enjoyment of the substantial property right possessed by other property in the same vicinity and zone and denied to the property in question;

• C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which property is located;

• D. The granting of such variances will not adversely affect the general plan for Crescent City;

• E. That a public hearing wherein the applicant is heard and in which he substantiates all of the conditions cited above; and

• F. That the planning commission is reviewing such requests and hearing the evidence finds that conditions of subsections A through E of this section have been met.

(Prior code § 30-502)

Upon the filing of a written application for a variance by a property owner or by a lessee with the consent of the owner, the planning commission shall give notice to properties which are immediately adjacent and opposite from the property in question. Such notice shall give intention to consider at a public hearing the granting of the variance. Upon the filing of an application for variance the secretary of the commission shall either place the matter on the agenda for consideration by the commission at a subsequent meeting, then give notice by mail of the time, place and purpose thereof to the applicant as well as to the public in general. No more than twenty days following the termination of the public hearing on a variance the planning commission shall announce its findings by a formal report, and such report shall recite among other things the facts and reasons which, in its opinion, made the granting or denial of the variance necessary to carry out the provisions and general purpose of this chapter, and shall order that the variance be granted or denied, and if such report orders that the variance be granted it shall also recite such conditions and limitations as it may impose. The formal report of the planning commission announcing its findings and orders after a hearing on an application for variance shall become a permanent record in the files of the planning commission. No later than ten days following the rendering of a decision ordering that a variance be granted or denied a copy of the report shall be mailed to the applicant and any other person requesting such report. (Prior code § 30-502.1)

The order of the planning commission in granting or denying a variance shall become final and effective ten days after the rendering of its report granting or denying the variance unless within such ten day period an appeal in writing is filed with the council by any person dissatisfied with the decision of the planning commission. The filing of such appeal within such limit shall stay the effective date of the order of the planning commission until such time as the council has acted on the appeal. (Prior code § 30-502.2)

• A. Upon request of a written appeal filed with the council as provided herein, the planning commission shall transmit to the council the planning commission's complete record of the case. The city council shall, within a period not to exceed forty days following receipt of the written appeal, conduct a duly advertised public hearing, public notice of which shall be given as provided in Section 17.58.040 .

• B. The council shall announce its findings and decision by formal resolution not more than forty days following the termination of proceedings of the hearing. Such resolution shall recite among other things the facts and reasons which, in the opinion of the council, make the granting or denial of the variance necessary to carry out the general purpose of this chapter and shall order that the variance be granted or denied or modified subject to such conditions or limitations that it may impose.

• (Prior code § 30-502.3)

Not later than ten days following the adoption of a resolution ordering that a variance be granted or denied, a copy of such resolution shall be mailed to the applicant and any other parties requesting notice of the action and one copy shall be attached to the planning commission's file on the case and such file returned to the planning commission for permanent filing. (Prior code § 30-502.4)