Gardena City Zoning Code

Where practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter occur from its strict literal interpretation and enforcement, a variance may be granted authorizing, upon such terms and conditions as are deemed necessary, such variances therefrom as may be in harmony with the general purpose and intent of this title, so that its spirit shall be observed, public safety and welfare secured, and substantial justice done. A variance shall not be granted to permit a use not permitted in a specific zone as established by this title.

A variance may be granted to permit a fixed encroachment such as a building, wall, or structure into the public right-of-way. In addition to requiring a variance, an applicant must also obtain an encroachment permit in accordance with Chapter 13.56.

That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this title would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications;

That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated;

That the granting of the variance will not be materially detrimental to the public health, safety, convenience and welfare or injurious to property and improvements in the same vicinity and zone in which the subject property is situated; and

That the granting of such variance will not adversely affect or be in conflict with the policies of the General Plan of the city.

That the encroachment shall be removed by the permittee at no cost to the city upon thirty days' written notice to the permittee from the city, and should any cost be incurred by the city in the removal of such encroachment, such cost shall be a lien upon the subject property;

That the encroachment shall be recorded in the office of the county recorder;

That the encroachment shall be a covenant running with the land and shall be binding upon all heirs, successors, assigns, executors or administrators in interest;

That a certificate of insurance in amounts and form satisfactory to the city attorney shall be filed with the city clerk upon the granting of the variance for the encroachment and shall be maintained in good standing at all times so long as the encroachment exists;

That the permittee shall sign an agreement releasing the city, its officials, officers, employees and agents from any and all liability whatsoever in the granting of such encroachment; and

That the applicant shall expressly agree to each of the conditions imposed, including any which may be in addition to the foregoing, as a prerequisite to the granting of the encroachment by the city.

Applications.

Filing Fees.

Commission Hearings – Date – Notices.

Commission Hearings – Notices.

Commission Approval and Conditions. The commission, in granting a variance, shall find that the conditions set forth in Section 18.48.020 exist and may require reasonable conditions which shall assure the intent and purposes of this chapter.

(Deleted).

Time Limits for Development.

Reapplications. Whenever an application is denied by the commission, the same or substantially the same application shall not be filed within a period of twelve months from and after the date of such denial.