In cases where because of the particular size, shape, topography, location, or surroundings of any lot or parcel, or where because of the physical condition of any lot or parcel with respect to trees or natural obstacles, a strict adherence to any requirement of this title is impractical or difficult to fulfill, the requirement may be modified by the city council by granting variance.

(Ord. 639 § 21 (part), 2003)

A.

The property owner seeking the variance shall submit an application on the prescribed form and with the prescribed attachments to the planning office, together with the fee in the amount determined from time to time by resolution of the city council.

B.

The variance request shall be set for public hearing before the city council.

C.

Notice of the public hearing shall be given as set forth in Chapter 1.20 for Type A notices.

D.

The city council shall grant the requested variance in whole or in part, conditionally or unconditionally, only if, from the facts presented with the application or established at the public hearing or determined by investigation, the city council makes both of the following findings:

1.

That 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. (Personal, family, or financial difficulties, loss of prospective profits, and neighboring violations or neighboring pre-existing nonconforming uses of facilities are not circumstances justifying a variance.)

2.

That if granted, the variance would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity.

E.

Once the city council has granted a variance, the property owner shall apply for design review approval as set forth in Chapter 2.12 and as consistent with the variance granted.

(Ord. 639 § 21 (part), 2003)

A variance shall be valid for so long as the requirement to which the variance applies is not amended in any way. If, however, the requirement is modified by an amendment to this code and no building permit based on the variance has been granted before the effective date of the code amendment, the variance shall lapse as of the effective date of the code amendment.

(Ord. 639 § 21 (part), 2003)

Variances involving floodplain issues shall be governed by Section 15.44.050 in addition to this chapter. In the event of a conflict, the provisions of Section 15.44.050 shall control.

(Ord. 639 § 21 (part), 2003)