Chapter 17.09 — VARIANCES

A. Where practical difficulties, unnecessary hardships or results inconsistent with the purpose and intent of this Title would result from the literal application of certain area, height, setback, or coverage regulations in this Title, variances may be granted as provided in this section.

B. The Planning Commission may grant a variance when it finds that the grant of a requested variance will cause no significant hazard, annoyance or inconvenience to the owners or occupants of nearby property; will not significantly change the character of the neighborhood or reduce the value of nearby property; will not impose any significant obstacle to implementation of this Title or of the General Plan. The Planning Commission may attach any conditions to the grant of a variance under this section which it may find necessary to insure that the intent and purpose of this Title are in all respects observed.

(Ord. 822-2016 § 9, 2016)

A. Application shall be made on appropriate forms provided by the Planning Department.

B. Such applications shall be accompanied by a fee set by resolution of the City Council, no part of which shall be returned to any applicant.

(Ord. 822-2016 § 9, 2016)

The Planning Commission shall not grant a variance unless findings can be made:

A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to lands, structures or buildings in the same district;

B. That literal application of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title;

C. That the granting of such application will not, under the circumstances of the particular case materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.

(Ord. 822-2016 § 9, 2016)

Appeal from any finding of the Planning Commission in the matter of a variance may be made in writing within ten calendar days from the granting or denial of a variance. Such appeal shall be made to the City Council, which may overrule the findings of the Planning Commission, but may not grant a variance which differs from that specified in the written application to the Planning Commission.

(Ord. 822-2016 § 9, 2016)

A. In any case where conditions attached to the granting of a variance have not been or are not complied with the zoning administrator shall give notice to the permittee of intention to revoke such variance at least ten calendar days prior to the public hearing before the Planning Commission thereon. After the conclusion of the hearing, the Planning Commission may revoke such variance.

B. In any case where a variance has not been used within one year after the date of granting thereof, then without further action by the Planning Commission, the variance permit granted shall be null and void. The Planning Commission may approve a one-year extension upon written request by the permittee one month prior to the expiration date.

(Ord. 822-2016 § 9, 2016)

The variance permit shall be deemed granted when the appeal period has lapsed and the permit has been signed by the applicant and City Administrator/designee. The applicant must sign the variance permit within thirty days of receipt of the permit by certified letter. Any variance permits approved that are not signed within the thirty-day period shall expire.

(Ord. 822-2016 § 9, 2016)