The purpose of the variance is to al low variation from the strict application of the terms of this chapter where, by reason of the exceptional narrowness, shall lowness, or unusual shape of a specific piece of property, or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or by reason of the use or development of property immediately ad joining the piece of property in question, the literal enforcement of the requirements of this chapter would cause undue hardship unnecessary to carry out the spirit and purpose of this title. In no case shall a variance be granted to permit a use other than a use permitted in any district or to permit relief in excess of 50 per cent of any requirement of this title unless otherwise specified herein.

(Ord. CS 538, 1984)

Application for a variance from the provisions of this chapter shall l be made By the owner of the property for which the variance is sought or the authorized representative of such owner on a form provided for that purpose by the City.

The application fee for a variance shall be as set by resolution by the City Council and no part of such fee shall l be refundable.

The application for variance shall be accompanied by any maps, drawings, or other supplementary materials necessary to show that the conditions required for the granting of a variance, as hereinafter set out, apply to the subject property.

(Ord. CS 538, 1984)

Upon receipt of an application duly filed, together with the required fee and all necessary maps and drawings, the Planning Director shall set the matter for hearing as follows:

A hearing on a variance application shall be conducted by the Planning Commission within 30 days from the date of such application.

The Planning Director shall send notice of the time and place of such hearing to the applicant and to the owners of all property located within 300 feet of the property for which the variance has been requested, not less than ten days prior to the date of such hearing. Said notice shall be given pursuant to Government Code Section 65091. The failure of any property owner to receive notice of the hearing shall in no way affect the validity of the action taken by the Planning Commission.

(Ord. CS 538, 1984; Ord. CS 766, 10-26-1998)

The Planning Commission may grant a variance by majority vote, but only when all of the following conditions are found:

A.

That a hardship peculiar to the property and not created by any act of the owner exists. In this context, personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits;

B.

That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors;

C.

That the authorizing of such variance stall not be of substantial detriment to adjacent property and will not materially impair the purposes of this chapter or the public interest;

D.

That the condition or situation of the specific piece of property for which such variance is sought is not so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such condition or situation.

(Ord. CS 538, 1984)

Unless specified other wise at the time the variance is granted, the variance applies to subject property for an indefinite time and is transferable to any future owner of subject property.

(Ord. CS 538, 1984)

Any person having standing to do so under the law, who is aggrieved by the Planning Commission's decision to grant or deny a variance, may appeal such decision in writing to the City Council within five calendar days from the date of the Planning Commission's action. The filing of an appeal shall stay all proceedings in furtherance of the action taken by the Planning Commission.

The matter of the appeal shall be heard by the City Council within 30 days from the date of filing thereof, and notice of the time and place for such hearing shall be mailed to the appellant and to the applicant if other than the appellant, not less than ten days prior to the date of such hearing.

At the hearing, the City Council shall review the record of the proceedings held by the Planning Commission and may take such additional evidence as it deems necessary, provided that in the event additional evidence is taken, the Council shall afford ample opportunity for opposing evidence to he presented.

At the conclusion of the hearing, the Council shall render a decision on the appeal and may affirm, reverse or modify the decision of the Planning Commission as it deems just and equitable in the premises.

(Ord. CS 538, 1984)

Whenever the Planning Department deems it necessary for the preservation or promotion of the public health, safety or welfare, an up to ten percent adjustment of a requirement of this title with respect to signs, fences, building setback or parking requirements may be offered to achieve a design feature more desirable to the neighborhood. Such trade-off shall be subject to approval of the developer and the Planning Commission.

(Ord. CS 538, 1924)

Any Planning Commission decision may be appealed to the Council as described in 17.74.060.

(Ord. CS 538, 1984)