A. A variance is a waiver or modification of a requirement contained in section 17.508.040 through section 17.508.070. The following criteria must be satisfied before a variance will be approved:
1. A variance may be approved if justified by special conditions that prevent strict compliance with the requirements of this chapter.
2. A variance is not a special privilege available to only one property owner. The circumstances must be such that the same variance would be appropriate for any property owner facing similar circumstances.
3. A variance will only be approved if granting the variance would not create a potential hazard or a threat to public health or safety.
B. An application for a variance shall be filed with the city traffic engineer, who shall have authority to grant or deny the variance. A variance, if approved, may be made subject to conditions as are necessary to accomplish the purposes of this chapter. Upon approval of a variance, written notice of the approval shall be sent, by mail, to owners of property abutting the property where the variance has been granted. This written notice shall include the name of the applicant, location of the subject property, nature of the variance and shall provide notice of the right to appeal the approval of the variance in accordance with section 17.508.140.
C. For a driveway permit that requires a variance, no permit shall be issued and no public improvement plans shall be approved:
1. until the traffic engineer grants the variance and the period to appeal has expired; or
2. until the director of public works approves the variance on appeal.
D. If an application for a variance is denied by the city traffic engineer or by the director of public works on appeal no new application for the same or substantially the same variance shall be filed within one year after the date of denial unless the director of public works authorizes the filing of the new application.
E. An application for variance shall be accompanied by a filing and investigation fee established by resolution of the city council. (Ord. 2017-0009 § 13)