CHAPTER 18.196
VARIANCES AND MODIFICATIONS

SECTION:

18.196.010: Purpose

18.196.020: Variances Prohibited When

18.196.030: Granting A Variance; Commission Findings Required

18.196.040: Application; Required; Fee

18.196.050: Application; Accompanying Maps And Data

18.196.060: Application; Scope; Notice To Applicant

18.196.070: Public Hearing; Notice

18.196.080: Public Hearing; Commission Decision

18.196.090: Notice Of Decision

18.196.100: Approval Conditions

18.196.110: Appeal Of Commission Decision

18.196.120: Variance; Expiration

18.196.130: Modifications To Property Development Standards

18.196.010: PURPOSE:

The purpose of a variance shall be to ensure that no property, because of special circumstances applicable to it, such as size, shape, topography, location or surroundings, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and identical zone. (Ord. 1000 § 50.00, 1955)

18.196.020: VARIANCES PROHIBITED WHEN:

In no case shall a variance be granted to permit a use other than a use permitted in that district. (Ord. 1000 § 50.10, 1955)

18.196.030: GRANTING A VARIANCE; COMMISSION FINDINGS REQUIRED:

   A.   The planning commission shall have the authority, subject to the procedures set forth in this title, to grant variances from any property development standard of this title when it is found that the strict and literal interpretation of such provisions would deny a use of property consistent with the intent and purpose of this title and the general plan. In instances when a variance is processed concurrently with other land use entitlements requiring action by the city council, the planning commission shall make a recommendation to the city council.

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

      1.   That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other properties or uses in the same vicinity and zone;

      2.   That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone district, but which is denied to the property in question;

      3.   That the granting of such variance will not be detrimental to the public welfare or injurious to the property or improvements of others in the vicinity;

      4.   That the granting of such variance will not adversely affect the general plan of the city of Redlands. (Ord. 2503 § 2, 2003: Ord. 1000 § 50.20, 1955)

18.196.040: APPLICATION; REQUIRED; FEE:

A signed application for a variance shall be made by the property owner, or his authorized agent, to the planning department, and shall be accompanied by a fee as set by the city council. (Ord. 1000 § 50.30(a), 1955)

18.196.050: APPLICATION; ACCOMPANYING MAPS AND DATA:

An application for a variance shall be accompanied by maps showing the subject property as well as the surrounding area. Plans of the subject property shall show all existing and proposed buildings and uses, and any other data required by the planning department to adequately present the application to the commission. (Ord. 1000 § 50.30(b), 1955)