Chapter 17.70 — VARIANCE

This chapter is intended to provide a mechanism for relief from the strict application of Title 17 where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions. (Ord. 247, 1/15/2025)

• A. Application. Applications for a variance shall be filed with the Planning Department on the prescribed application forms. In addition to any other application requirements, the application for a variance shall include written evidence by the applicant showing that the requested variance conforms to the required findings set forth in Section 17.70.030 (Required Findings).

• B. Public Notice and Hearing. All applications for Variances shall require a public notice in a manner as outlined in Section 17.125.080 (Public Hearing Procedure) and a public hearing pursuant to Section 17.125.090 (Noice of Decision).

• (Ord. 247, 1/15/2025)

Approval, or conditional approval, of a variance by the Planning Commission shall meet all of the following findings. The Commission shall deny an application for a variance if, based on all of the evidence in the public record, it is unable to make all of the required findings:

• A. There are unique, exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and City of Wildomar that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone;

• B. The granting of the application is necessary to prevent a physical hardship which is not of the applicant's own actions or the actions of a predecessor in interest;

• C. The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

• D. The granting of the variance will be consistent with the general purposes and objectives of Title 17, any applicable specific plans, and the General Plan.

• (Ord. 247, 1/15/2025)

Any variance granted shall be subject to such conditions as are necessary so that the adjustment does not constitute a grant of special privileges that is inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated, and which are necessary to protect the health, safety and general welfare of the community. (Ord. 247, 1/15/2025)