Chapter 20.84 — VARIANCES

When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this title occur by reason of strict interpretation of any of its provisions, the planning commission, upon its own motion may, or upon a verified application shall, initiate proceedings for consideration of a variance from the provisions of this title.

(Prior code § 19.84.010 (Ord. 557 § 407 (part), 1964))

The planning commission, before it may grant a variance, shall make a finding that in the evidence presented all five of the following conditions exist in reference to the property being considered:

A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other property in the same district.

B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same district.

C. The granting of such a variance will not be materially detrimental to the public welfare or injurious to property and improvement in the district in which the property is located.

• D. The granting of such a variance will not be contrary to the objectives of the general plan.

E. A variance is for the purpose of permitting the use of a lot to the same level as other lots in the same district, and under no conditions shall such variance be used to grant special privilege or the development of uses not specifically permitted in the district.

(Prior code § 19.84.020 (Ord. 557 § 407(A), 1964))

A. Application for a variance shall be filed by the owner or lessee of the property for which the variance is sought, or by the authorized representative of either the owner or lessee, or a person who is or will be the plaintiff in an action in eminent domain to acquire the property.

B. Application shall be made to the commission on forms furnished by the city, shall set forth in detail the reasons for the requested variance, shall show how the conditions set forth in Section 20.84.020 are satisfied, and shall provide other information as may be prescribed by the commission to assist in determining the validity of the request.

C. The building inspector, or a person delegated by him, shall verify the accuracy and completeness of the application. The date of verification shall be noted on the application, and such date shall be deemed to be the filing date. Verification shall be made within fifteen days of the date of the filing of the application.

D. In cases where the building inspector considers the reasons as set forth on the application not all within the scope of the variance procedure, the applicant shall be so informed; whereupon, if the application is filed and the fees are accepted, the application shall be signed by the applicant to the effect that he was so informed. Acceptance of an application does not constitute an indication of approval.

(Prior code § 19.84.030(1) (Ord. 582 § 1(62), 1965; Ord. 557 § 407(B)(1), 1964))

When the application for a variance is filed, a fee as provided in Section 20.88.010 shall be paid for the purpose of defraying the costs incidental to the proceedings.

(Prior code § 19.84.030(2) (Ord. 557 § 407(B)(2), 1964))

The city departments concerned shall investigate the facts bearing on each case to provide information necessary for action consistent with the intent and purpose of this title.

(Prior code § 19.84.030 (3) (Ord. 557 § 407(B) (3), 1964))

A. The planning commission hearing date shall be set for not less than fifteen nor more than forty days after the filing date of the application.

• B. Notice of public hearing shall be given and shall contain the time and place of the hearing and other pertinent data presented in the application.

C. Notices shall be mailed not less than ten days before the date set for the hearing to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the latest tax roll of the county. (Prior code § 19.84.030(4) (Ord. 557 § 407(B)(4), 1964))

A. The commission shall, not less than ten days after the legal notice of a public hearing on a variance application, hold the public hearing.

B. The commission shall announce its decision by resolution at a regular meeting or scheduled special meeting within forty days after the conclusion of the hearing. The resolution shall approve, approve with stated conditions, or disapprove the application and shall set forth findings in support of the decision. For approval, the conditions listed in Section 20.84.020 shall be found.

C. A copy of the resolution shall be mailed to the applicant at the address shown on the application. (Prior code § 19.84.030(5) (Ord. 557 § 407(B)(5), 1964))

A. The commission, in approving a variance, may set forth in its resolution reasonable conditions which shall assure the intent and purpose of this title.

B. The time limit of one year for occupancy or construction shall be assumed unless some other period is established.

(Prior code § 19.84.030(6) (Ord. 557 § 407(B)(6), 1964))

A. The decision of the commission shall be final unless an appeal to the council is filed within fifteen days of the date of the commission's decision. Such an appeal may be initiated by the applicant or an interested party owning property within three hundred feet of the external boundaries of the subject property.

B. The council, upon receipt of an appeal, if it finds that the facts stated by the applicant in his written notice of appeal do not warrant a further hearing, shall affirm the action of the commission and deny the appeal.

C. The council, upon determining that an appeal is for good cause warranted, shall enter such decision upon the minutes and set the matter for a public hearing. Notices shall be given as provided in Section 20.84.060.

D. The council shall, not less than ten nor more than forty days after legal notice of a public hearing on a variance application, hold the public hearing. The appellant shall present at the hearing information and data to indicate the manner in which the commission erred in its decision. The council decision shall be final unless appealed of competent jurisdiction within fifteen days.

(Prior code § 19.84.040 (Ord. 557 § 407(C), 1964))

A. The commission may revoke any variance for noncompliance with the conditions set forth in granting the variance after notice and hearing. Upon instruction from the commission, the city engineer shall cause ten days' notice of hearing to be given to the holder of the variance which is being considered for revocation. The action of the commission in revoking any variance may be appealed to the council in the same manner as an appeal from a decision of the commission in granting or denying a variance.

B. Each variance granted under the provisions of this chapter shall become void when:

1. The construction authorized by the variance is not commenced within one year after the granting of the variance or is not pursued diligently to completion; or

2. The occupancy or use of land or buildings authorized by the variance has not taken place within one year after the granting of the variance; or

3. There is a cessation in the occupancy or use of land or buildings authorized by the variance for a period in excess of one year.

C. Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limitation established in subsection B of this section, the commission may grant an extension of time for a period not to exceed an additional one-year period. Application for such extension of time must set forth in writing the reasons for the extension and must be filed with the city clerk before the expiration of the variance.

D. The provisions of this section shall apply to variances issued prior to May 7, 1964, including variances issued by the legislative bodies or planning commissions of other political jurisdictions covering territory subsequently annexed to the city, but the one-year period specified in subsection B(2) of this section shall not commence to run until May 7, 1964, or the date of annexation, whichever occurs later. The provisions of subsection C of this section shall also apply to such variances provided the commission finds that an extension would not be detrimental or injurious to property in the neighborhood.

(Prior code § 19.84.050 (Ord. 557 § 407 (D), 1964))

A. The purpose of a minor zoning adjustment procedure is to provide a simplified means of considering minor deviations from certain development standards set forth in any zone which are not detrimental to the public health, safety or welfare.

B. Any person, firm, corporation or other entity may apply in writing to the director of the department of planning and community development for a minor zoning adjustment. The director of the department of planning and community development shall review and make a determination concerning all applications for minor zoning adjustments. Applications for minor zoning adjustments shall be limited to an application for any one or more of the following:

1. A reduction in lot and building area requirements by not more than ten percent of that otherwise required in any zone;

2. A reduction in setback requirements by permitting portions of a building to extend into and occupy not more than ten percent of the required setback;

3. A reduction in parking requirements for commercial or industrial uses by not more than ten percent; provided, that the reduction does not exceed two parking spaces for any lot.

C. In approving or conditionally approving a minor zoning adjustment, the director of the department of planning and community development shall find that because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of development standards set forth for the zone deprives such property of privileges enjoyed by other property in the zone. In addition, the director of the department of planning and community development shall find:

1. There are practical reasons or benefits of improved design which justify a deviation from prescribed development standards.

2. The adjustment, with any conditions imposed, will provide equal or greater benefit to adjacent property.

3. The adjustment is not in conflict with the objectives of the general plan or the general intent of this title.

• D. Upon appeal to the planning commission of any decision of the director of the department of planning and community development made pursuant to this section, the planning commission shall set the matter for hearing and determination in accordance with this chapter.

• (Ord. 85-09-955 § 1 (part), 1986; Ord. 82-6-892 § 3)

No person, including the original applicant, shall reapply for a similar variance on the same land, building, or structure within a period of one year from the date of the final decision on such previous application, unless such decision is a denial without prejudice.

(Prior code § 19.84.070 (Ord. 557 § 407(F), 1964))