Chapter 17.62 — VARIANCES

Applications for variances from the strict application of the terms of this title may be made and variances granted when the following circumstances are found to apply:

• (1) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated.

• (2) Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

• (Ord. 354 § 17.8.2, 1973)

The use of lands or buildings not in conformity with the regulations specified for the district in which such lands or buildings are located may not be allowed by the granting of a variance from the strict application of the terms of this title.

(Ord. 354 § 8.2.1, 1973)

Applications for variance shall be made in writing by a property owner, lessee, purchaser in escrow or optionee with the consent of the owners on a form prescribed by the planning commission of the city. They shall be accompanied by a fee, set by the city council, a plan of details of the variance requested, and evidence showing:

• (1) The granting of the variance will not be contrary to the intent of this title or to the public safety, health and welfare; and

• (2) Due to special conditions or exceptional characteristics of the property, or its location, the strict application of this title would result in practical difficulties and unnecessary hardship.

• (Ord. 354 § 8.2.2, 1973)

Upon receipt of an application for variance, the planning commission of the city shall set a date for a public hearing on the application. The hearing shall be held within forty-five days after the filing of the application. Notice of such hearing shall be given as set forth in Section 17.68.020 . (Ord. 354 § 8.2.3, 1973)

After the conclusion of the public hearing or continuations thereof, the planning commission shall grant or deny a permit to modify the application of the restrictions established by this title. The commission, if the applicant for the variance consents thereto, may require a change or modify the extent of the variance requested but only if such change or modification constitutes a more restrictive variance than that requested by the applicant. (Ord. 652 § 8, 2004)