A. Purpose. A variance is a limited waiver or modification of a requirement contained in this title and is intended to be applied in situations where the strict application of the requirement to a proposed development will result in practi-cal difficulty or unnecessary hardship for the owner due to unusual physical characteristics of the subject parcel. A variance is a discretionary permit and is not the automatic right of any applicant.
B. Approval authority.
1. A variance is subject to review at the director level by the zoning administrator.
2. A decision on a variance is appealable to the planning and design commission as provided in section 17.812.060.
C. Decision and findings.
1. The decision-maker may approve a variance, based on all of the following findings:
a. The parcel has physical characteristics, including its location, shape, size, topography, and surroundings, that do not generally exist in other properties in the vicinity with the same zoning classification; and
b. Due to these physical characteristics, strict compliance with this title would deprive the subject parcel of development opportunities enjoyed by comparable parcels in the vicinity with the same zoning classifi-cation; and
c. Approval of the requested variance will directly address the development impediments created by strict application of this title due to the physical characteristics of the subject parcel, but will not result in de-velopment advantages for the subject parcel inconsistent with the limitations imposed by this title on comparable parcels in the vicinity with the same zoning classification; and
d. Approval of the requested variance will not be detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance; and
e. Approval of the requested variance will not allow a use or activity on the subject parcel that is not oth-erwise expressly authorized by this title; and
f. Approval of the requested variance authorizes development that is consistent with the general plan and any applicable specific plan or transit village plan.
2. The decision-maker may impose conditions as the decision-maker determines to be necessary or appropriate in order to make the required findings for approval. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)