Chapter 18.76 — VARIANCES

The purpose of the variance is to allow variation from the strict application of the terms of this title where, by reason of the exceptional narrowness, shallowness, or unusual shape of a specific piece of property, or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or by reason of the use or development of property immediately

adjoining the piece of property in question, the literal enforcement of the requirements of this chapter would cause undue hardship unnecessary to carry out the spirit and purpose of this chapter. In no case shall a variance be granted to permit a use other than a use permitted in any district or to permit relief in excess of 50% of any requirement of this chapter unless otherwise specified herein. (Ord. 84-1 §36-2)

Application for a variance from the provisions of this chapter shall be made by the owner of the property for which the variance is sought or the authorized representative of such owner on a form provided for that purpose by the City.

(Ord. 84-1 §36-2(a))

The application fee for a variance shall be as set by the City Council and no part of such fee shall be refundable.

(Ord. 84-1 §36-2(b))

The application for a variance shall be accompanied by any maps, drawings or other supplementary materials, necessary to show that the conditions required for the granting of a variance, as hereinafter set out, apply to the subject property. (Ord. 84-1 §36-2(c))

Upon receipt of an application duly filed, together with the required fee and all necessary maps and drawings, the City Council shall set the matter for hearing as follows:

• A. A hearing on a variance application shall be conducted by the City Council within 45 days from the date of such application.

• B. The City Council shall send notice on the time and place of such hearing to the applicant or to the owners of all property located within 100 feet of the property for which the variance has been requested, not less than 10 days prior to the date of such hearing. The failure of any property owner to receive notice of the hearing shall in no way affect the validity of the action taken by the City Council.

• C. At the hearing, the City Council shall take evidence, shall afford the right of cross-examination to the applicant or to any person or persons opposing the application.

• (Ord. 84-1 §36-2(d))

The City Council shall weigh the evidence presented and render a decision on the variance application and its decision shall be to approve, conditionally approve or disapprove such application. In the event the application is approved or conditionally approved, the City Council shall forthwith issue a variance in writing to the applicant, which variance shall clearly set forth the

conditions under which it is granted. Should the City Council deny the application, it shall promptly notify the applicant of such denial. (Ord. 84-1 §36-2(e))

The City Council shall grant a variance only when the following conditions are found:

• A. That a hardship peculiar to the property and not created by any act of the owner exists. In this context, personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits.

• B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his or her neighbors.

• C. That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this title or the public interest.

• D. That the condition or situation of the specific piece of property for which such variance is sought is not so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such condition or situation.

• (Ord. 84-1 §36-2(f))

Any variance approved for development in the coastal zone shall be found to be consistent with the Local Coastal Land Use Plan.

(Ord. 84-1 §36-2(g))

Following the issuance of a variance by the City Council, the building inspector shall issue a building permit if one has been requested; provided, that the applicant therefor has complied with all other sections of this chapter and all rules and regulations of the City. The building inspector and the City Council shall ensure that the development pursuant to the permit is undertaken and completed only in conformity to approved plans.

(Ord. 84-1 §36-2(h))

Unless specified otherwise at the time the variance is granted, the variance applies to subject property for an indefinite time and is transferable to any future owner of subject property. (Ord. 84-1 §36-2(i))