Notwithstanding section 17.808.210, variances from the provisions of section 17.716.050 of this chapter relating to condominium conversions are governed by the provisions of this section.
A. Hearing. Both the planning and design commission and the city council shall hold at least one public hearing on a request for a variance from the provisions of this section relating to condominium conversions. At the conclusion of its hearing, the planning and design commission shall forward its recommendation to the city council or, if no motion to approve a recommendation receives enough votes to pass, shall forward to the city council a report of the votes taken of each motion on the matter.
B. Notice. Notice of the hearings on said variances by both the planning and design commission and the city council shall be given as provided in section 17.812.030 and to the tenants of the building proposed for conversion to whom notices are sent pursuant to section 17.716.050.B.
C. All other provisions of section 17.808.210 that do not conflict with the provisions set forth in this section apply to the hearing and review of variance requests, except as provided below.
D. Decision; findings. For purposes of granting variances to the development standards for condominium conversions set forth in section 17.716.050.C, the provisions of this paragraph relating to the circumstances for which a variance shall be granted, and the findings on which the grant of a variance must be based, govern to the exclusion of the provisions of section 17.808.210. The city council may grant a variance and approve a conditional use permit for a condominium conversion project that does not comply with all of the development standards contained in section 17.716.050.C, if the city council finds that:
1. Because of the circumstances applicable to the subject property, or to the structures situated thereon, including but not limited to the size, shape, location, or surroundings of the property or the buildings thereon, strict application of the development standards would create an unreasonable economic hardship; and
2. The project, as conditioned, will be in substantial compliance with such development standards, and will incorporate mitigating features that tend to further the purposes of this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)