A. Intent and purpose.
1. A variance from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the requirements of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications.
2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
B. Commission hearing procedure.
1. Application. Application for a variance shall be filed pursuant to § 20.400.040 together with the appropriate fee as determined by City Council resolution.
2. Staff investigation. The Planning Division shall make an investigation of the facts bearing on the case to provide the information necessary for the action consistent with the intent of this Chapter and the general plan, and shall report the findings to the Commission.
3. Notice of hearings. Notice of public hearing shall contain the time and place of the hearing and the location and proposed use or uses of the subject property. Notice shall be made pursuant to Chapter 20.416.
C. Commission action.
1. The Planning Commission may approve, conditionally approve, or disapprove the application and shall announce and record its decision within twenty-one (21) days following the conclusion of the public hearing. The decision shall set forth the findings by formal resolution of the Commission and shall be filed with the City Council. A copy of the resolution shall be mailed to the applicant.
2. The decision of the Planning Commission shall be final and shall become effective ten (10) days after the adoption of the resolution by the Commission, subject to the filing of a timely appeal pursuant to Chapter 20.424.