In extraordinary situations, when the physical characteristics of property, such as size, shape, topography, location or surroundings, or when it creates unnecessary hardship, or results inconsistent with the purposes and intent of this title may result from the strict application of certain area, height, yard and space requirements thereof, variances in such requirements may be granted as provided in this section.

(Ord. 153 §23.01, 1959).

(Ord. No. 677, 3-26-2019)

Application for a variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by a fee set forth in the fee schedule plus costs, no part of which shall be returnable to the applicant, and by statements, plans and other evidence showing:

A.

That there are exceptional or extraordinary circumstances or conditions applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to other land, buildings, and/or uses in the district;

B.

That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner;

C.

That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

(Ord. 340 §1(c), 1979; Ord. 153 §23.02, 1959).

(Ord. No. 677, 3-26-2019)

A.

A public hearing in front of the planning commission shall be held within sixty days after filing of application, notice of which shall be given by one publication in a newspaper of general circulation in the city and/or by posting notice on the property involved or adjacent thereto at least ten days prior to such hearing.

B.

The planning commissions shall conduct the public hearing and hear testimony for and against the application. The public hearing may be continued to a following date without further notice.

(Ord. 153 §23.03, 1959).

(Ord. No. 677, 3-26-2019)

Following the public hearing, the planning commission shall make findings of fact showing whether the qualifications under section 17.58.020 apply to the land for which a variance is sought, and whether such variances shall be in harmony with the general purposes of this title. If such findings are in the affirmative, then the planning commission shall by resolution approve such variance. The planning commission may designate conditions and guarantees in connection with the variance to secure the purpose of this title.

(Ord. 478 §1, 1988: Ord. 153 §23.04, 1959).

(Ord. No. 677, 3-26-2019)

Appeal from the findings and decision of the planning commission may be made, in writing, to the city council within ten days from the date of the commission's action and shall be accompanied by a fee as set forth in the fee schedule.

(Ord. 478 §2, 1988: Ord. 153 §23.05, 1959).

(Ord. No. 677, 3-26-2019)

A.

In any case where the conditions of granting of a variance have not or are not complied with, the city council shall give notice to the permittee of intention to revoke such variance of at least ten days prior to hearing thereon. After conclusion of the hearing the council may revoke such variances.

B.

In any case where a variance has not been used within one year after the date of granting thereof, then, without further action by the council, the variance granted shall be null and void.

(Ord. 153 §23.06, 1959).

(Ord. No. 677, 3-26-2019)