(a) The hearing examiner shall hear variance applications, except as provided under subsection (b) of this section, where:
(1) Affidavits of consent have been submitted indicating approval of the variance by 100% of the adjacent landowners and those landowners whose property is being encroached upon, and where a finding has been made by the Director of Community Development or his or her designee that the variance requested is minor;
(2) The variance requested relates to driveway setbacks, garage setbacks, accessory building setbacks or side or rear yard swimming pool setbacks;
(3) The requested variance, other than those cases specified in subsection (a)(2) above is five feet or less as measured horizontally and not vertically;
(4) Reserved;
(5) The requested variance has been previously approved by the City Council and has expired under the provisions of § 19.23.01 of this code, and where the Director of Community Development or his or her designee determines that conditions in the area where the variance was previously approved have not substantially changed; or
(6) The requested variance has been found by the Director of Community Development to be minor, and where the variance relates to the dimensions of vehicles otherwise prohibited from parking in residentially zoned districts pursuant to § 21.301.06(m) of this code.
(b) An applicant meeting the criteria set forth in subsections (a)(1) through (a)(4) above may choose to apply directly to the Planning Commission pursuant to all the provisions of § 2.85.04 of this code.
(c) Where noncompliance with the Zoning Code results from the governmental exercise of eminent domain or the use of dedication, an applicant may petition the Director of Community Development for a variance. If the Director determines the variance application to be minor, the variance application shall be heard by the hearing examiner. If the Director determines that the variance application is not minor, the application shall be heard by the Planning Commission. If an applicant chooses to be heard by the Planning Commission and where the Director has determined the variance to be minor, the hearing shall, upon a timely request, be heard by the Planning Commission. There shall be no fee to the applicant for variance applications submitted under this subsection (c).
(1975 Code, § __) (Ord. 77-34, passed 6-6-1977; Ord. 79-11, passed 2-5-1979; Ord. 81-26, passed 6-29-1981; Ord. 86-26, passed 5-12-1986; Ord. 91-56, passed 8-12-1991; Ord. 96-18, passed 5-20-1996; Ord. 2007-7, passed 2-26-2007; Ord. 2009-1, passed 1-26-2009; Ord. 2015-33, passed 11-16-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2017-9, passed 5-1-2017; Ord. 2017-15, passed 5- 22-2017; Ord. 2024-4, passed 2-26-2024)