Article IV — Variances

Where practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this chapter may result from the strict and literal interpretation and enforcement of the provisions hereof, the planning commission, upon the verified application of any property owner or lessee of the property affected, shall have authority to grant, upon such terms and conditions as it deems necessary, such variances therefrom as may be in harmony with their general purpose and intent so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. (Prior code § 22.7 (part))

No variance shall be granted unless the applicant can produce facts to show that practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this chapter would result from the strict compliance with the provisions of this chapter, and, further, no variance shall be granted unless there appear, and the planning commission finds that the facts which establish beyond a reasonable doubt:

• (1) That there are exceptional circumstances or conditions applicable to the property involved and improvements thereon which do not apply generally to the property in the same district;

• (2) That such variance is necessary for the preservation of a substantial property right of the applicant;

• (3) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the district or neighborhood in which the property is located.

(Prior code § 22.7 (part))

Unnecessary hardships, as used in this chapter does not relate to the personal circumstances of the applicant for variance, but rather to the physical conditions of the property concerned. Substantial property right, as used herein, related only to the right of the applicant to use the property concerned in a manner permitted by this chapter, which permitted use is forestalled by physical conditions existing on the property.

(Prior code § 22.7 (part))

Each application for variance shall be accompanied by a fee payable to the city in an amount established by resolution of the City Council, which amount shall be deposited to the credit of the general fund of such city. When such application is received, it shall be set for public hearing before the planning commission, and notice thereof shall be given by one publication in a newspaper of general circulation in the city, at least ten days prior to the date of such hearing. (Prior code § 22.7 (part))

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City of Menlo Park, CA

ZONING

§ 16.92.200

§ 16.92.200

If from the facts presented with or through the application, the planning commission determines that a variance should be granted, and makes the findings required in this article, the same shall become effective immediately upon the granting of such variance by such planning commission. Otherwise, the application shall be denied.

(Prior code § 22.7 (part))

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City of Menlo Park, CA

Article V Appeals

Any interested person may appeal to the planning commission from any decision of the director of community development or his/her designee and may appeal to the City Council from any decision of the planning commission regarding the enforcement of this chapter or the terms or conditions involved in the enforcement of this chapter or the fixing of any terms involved in the granting of any application.

Appeals from the decision of the director of community development or his/her designee to the planning commission shall be made in writing within ten (10) business days of the date of notification of the decision from which the appeal is being made. Appeals to the City Council shall be governed by Section 16.86.020.

(Ord. 706 § 1(c), 1985; Ord. 838 § 1 (part), 1992)

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City of Menlo Park, CA