A. The action by the Planning Commission shall be by a majority vote of the quorum present, except that a tie vote shall constitute a denial of the Variance. Upon a majority vote therefor, the Commission may, before the adjournment of any meeting, set aside any action taken at such meeting.
B. If the Variance is granted, the following findings must be made:
1. Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
2. The adjustment thereby authorized does 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.
3. The adjustment does not authorize a use or activity that is not otherwise expressly authorized by the zone regulation governing the parcel of property.
C. The Development Services Department shall keep a permanent record of all decisions of the Planning Commission, as well as the ultimate disposition of those applications that are appealed. The record shall be available for public review.
(Ord. 3131 (part), 2009; Ord. 2982, 2001).