Sections:
20.84.010 Purpose and authority.
20.84.020 Conditions required prior to granting variance.
20.84.030 Application procedure.
20.84.040 Filing fee.
29.84.050 Investigation.
20.84.060 Commission hearing--Date and notice.
20.84.070 Commission hearing--Decision rendering.
20.84.080 Conditions of commission decision.
20.84.090 Appeals of commission decisions--Council hearing and decision.
20.84.100 Revocation for noncompliance--Voiding of variance.
20.84.110 Minor deviations.
20.84.120 Reapplication.
When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this title occur by reason of strict interpretation of any of its provisions, the planning commission, upon its own motion may, or upon a verified application shall, initiate proceedings for consideration of a variance from the provisions of this title.
(Prior code § 19.84.010 (Ord. 557 § 407 (part), 1964))
The planning commission, before it may grant a variance, shall make a finding that in the evidence presented all five of the following conditions exist in reference to the property being considered:
A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other property in the same district.
B. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same district.
C. The granting of such a variance will not be materially detrimental to the public welfare or injurious to property and improvement in the district in which the property is located.
D. The granting of such a variance will not be contrary to the objectives of the general plan.
E. A variance is for the purpose of permitting the use of a lot to the same level as other lots in the same district, and under no conditions shall such variance be used to grant special privilege or the development of uses not specifically permitted in the district.
(Prior code § 19.84.020 (Ord. 557 § 407(A), 1964))
A. Application for a variance shall be filed by the owner or lessee of the property for which the variance is sought, or by the authorized representative of either the owner or lessee, or a person who is or will be the plaintiff in an action in eminent domain to acquire the property.
B. Application shall be made to the commission on forms furnished by the city, shall set forth in detail the reasons for the requested variance, shall show how the conditions set forth in Section 20.84.020 are satisfied, and shall provide other information as may be prescribed by the commission to assist in determining the validity of the request.
C. The building inspector, or a person delegated by him, shall verify the accuracy and completeness of the application. The date of verification shall be noted on the application, and such date shall be deemed to be the filing date. Verification shall be made within fifteen days of the date of the filing of the application.
D. In cases where the building inspector considers the reasons as set forth on the application not all within the scope of the variance procedure, the applicant shall be so informed; whereupon, if the application is filed and the fees are accepted, the application shall be signed by the applicant to the effect that he was so informed. Acceptance of an application does not constitute an indication of approval.
(Prior code § 19.84.030(1) (Ord. 582 § 1(62), 1965; Ord. 557 § 407(B)(1), 1964))
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