A.   When practical difficulties, unnecessary hardship, or results inconsistent with the general purpose of this title result through the strict and literal interpretation and enforcement of the provisions hereof, the Planning Commission shall have authority to grant, a variance from the provisions of this title.

   B.   The sole purpose of any variance shall be the modification of the specific regulations of this title granted by resolution of the Planning Commission in accordance with the terms of this title for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.

   C.   No variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone.

(Ord. 2982, 2001)

   A.   An application for a Variance shall be filed only by, or by written authorization from, the legal owner of real property(ies) of the parcel(s) subject to the Variance request.

   B.   An application for a Variance shall be made upon a form to be provided by the Development Services Department, and shall be accompanied by the following:

      1.   A completed Preliminary Environmental De- scription form.

      2.   Maps, drawings, plans, tabulations, and other documents completely describing the request.

      3.   The required fee, as prescribed by resolution of the City Council.

(Ord. 3131 (part), 2009; Ord. 2982, 2001)

   Public hearing notice shall be provided in accordance with Section 15.76.040.

(Ord. 3131 (part), 2009; Ord. 2982, 2001)

   A.   The action by the Planning Commission shall be by a majority vote of the quorum present, except that a tie vote shall constitute a denial of the Variance. Upon a majority vote therefor, the Commission may, before the adjournment of any meeting, set aside any action taken at such meeting.

   B.   If the Variance is granted, the following findings must be made:

      1.   Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

      2.   The adjustment thereby authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

      3.   The adjustment does not authorize a use or activity that is not otherwise expressly authorized by the zone regulation governing the parcel of property.

   C.   The Development Services Department shall keep a permanent record of all decisions of the Planning Commission, as well as the ultimate disposition of those applications that are appealed. The record shall be available for public review.

(Ord. 3131 (part), 2009; Ord. 2982, 2001).

   A.   The order of the Planning Commission in granting or denying a Variance shall become final and effective ten days after the rendering of its resolution unless within such ten day period an appeal in writing is filed with the Development Services Department in accordance with Section 15.68.060 of this chapter.

   B.   Any Variance granted by the Planning Commission shall become null and void if not exercised within 12 months from the date of approval.

   C.   Prior to the date of expiration of the approved Variance, the time of which such application expires may be extended by the Planning Commission for a period or periods not exceeding 12 months, for a total of two years.

(Ord. 2982, 2001)

   A.   Within ten working days of the Planning Commission's final decision, the applicant or any aggrieved party may file an appeal of that decision by filing with the Development Services Department a letter of appeal stating the reasons therefor and by submitting an appeal fee as set forth by resolution of the City Council. If the tenth working day falls on a weekend or holiday, an appeal may be filed on the next working day.

   B.   An appeal of Planning Commission action shall be heard by the City Council in a public hearing as identified in Subsection D of this section.

   C.   The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Commission until such time as the City Council has acted on the appeal as hereafter set forth in this title.

   D.   Upon receipt of a written appeal filed with the Development Services Department by the applicant, or opponent, as provided in this chapter, the Secretary of the Planning Commission shall advise the City Clerk and shall transmit all pertinent data of the case for review by the City Council.

      1.   Within 60 days following the receipt of the written appeal, the City Council shall conduct a duly advertised public hearing, public notice of which shall be given as provided in Chapter 15.76 of this title.

      2.   The City Council shall announce its findings and decision by resolution not more than 20 days following the hearing, and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the City Council make the granting or denial of the Variance necessary to carry out the general purpose of this title, and shall order that the Variance be granted, denied or modified subject to such conditions and limitations as it may impose.

      3.   Not later than ten days following the adoption of a resolution ordering that a Variance be granted or denied, a copy of said resolution shall be mailed to the applicant or opponent or to both if they be different parties.

      4.   The action by the City Council upon an appeal of a Variance shall be by a majority vote of the entire City Council, except that a tie vote shall constitute a denial of the Variance. Upon a majority vote therefor, the City Council may, before the adjournment of any meeting, set aside any action taken at such meeting. Unless so set aside, a written resolution granting or denying a Variance shall be final upon the adjournment of the meeting at which such resolution is adopted.

(Ord. 3131 (part), 2009; Ord. 2982, 2001: Ord. 3026, 2003).