A. Set the time and place for a public hearing thereon.

B. Cause notice of the hearing to be given by mail at least ten (10) days prior to the date of the hearing to all the property owners within three hundred (300) feet of the exterior boundaries of the subject property using names and addresses appearing on the latest adopted tax roll of the county.

C. Notice of the hearing shall also be made to residents of the area by posting on the subject property and in the general area at visible and accessible locations. (Ord. 1030 § 2(12), 2018; Ord. 543 § 2, 1976; Ord. 295 § 212, 1962)

A. Because of special circumstances applicable to the property, strict application of this title would deprive the property owner of privileges enjoyed by other properties in the vicinity and under the identical zone classification.

B. The variance requested would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated.

C. The variance requested would not allow a use not otherwise expressly authorized by the zone regulation governing the property.

D. The granting of the variance, under the circumstances of the particular case, will not adversely affect the general health, safety, or welfare, or be detrimental to persons or property in the vicinity. (Ord. 1030 § 2(12), 2018; Ord. 929 § 70, 2004)

A. The special circumstances must be applicable to the property, not the particular circumstances of its owner or occupant, and may include its size, shape, topography, location, or surroundings.

B. The special circumstances must be the factor which causes the strict application of the zoning ordinance to deprive the property of privileges enjoyed by other property in its vicinity and under identical zoning classification.

C. Self-created hardships may not be considered among the factors which might constitute special circumstances. A self-created hardship results from actions taken by present or recent users of the property which consciously create the very difficulties or hardships claimed as the basis for an application for a variance.

The applicant shall have the burden of demonstrating the existence of any special circumstances. (Ord. 1030 § 2(12), 2018; Ord. 929 § 71, 2004; Ord. 543 § 3, 1976; Ord. 295 § 213 (part), 1962)

A. Upon completion of the hearing, the Planning Commission may either approve, conditionally approve or deny the request. In approving any variance, the Planning Commission shall impose such conditions as will assure that the variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located. The Planning Commission may impose any additional conditions it may deem necessary to ensure closer compliance with the objectives of this title. However, no condition may require the dedication of land for any purpose not reasonably related to the use of the property for which the variance is requested, nor the posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property for which the variance is requested.

B. An approval shall indicate whether the variance is to attach to a specific use or whether it attaches to any use of the property as permitted by the governing zone regulation.

C. A complete record of each variance proceeding shall be maintained and shall be forwarded to the Council upon an appeal. The record of the hearing shall expressly set forth the findings of fact and the conclusions which support the decision to approve, conditionally approve, or deny a variance request. The Planning Commission shall deny the variance request if it is unable to make the findings or draw the conclusions which satisfy each of the criteria set out in Larkspur Municipal Code Section 18.72.045. (Ord. 1030 § 2(12), 2018; Ord. 543 § 4, 1976; Ord. 295 § 214, 1962)

A. An application for variance approved by the Planning Commission shall become effective and a building permit shall be issued only after the expiration of the appeal time provided for in this title.

B. A variance approval will become null and void if unused within two (2) years from the effective date of the Planning Commission’s action, or final discretionary approval, or an alternative period specified by the approving body at the time of final discretionary approval. Such nonuse shall include, but not be limited to, failure to do one of the following:

C. The applicant may apply to the Community Development Director for a one-year extension of time to implement a variance prior to its expiration date, and the Director shall grant the extension if they determine that no significant changes to information regarding the condition of the property and/or the surrounding district have occurred since the original approval. An additional one-year extension of time shall require an application to the Planning Commission, and shall be considered at a duly noticed public hearing. The applicant shall pay a fee for the extension hearing in an amount sufficient to cover the costs of processing, and the same criteria used by the Community Development Director for granting the extension shall apply. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(81), 2007; Ord. 639 § 1, 1981; Ord. 543 § 5, 1976; Ord. 295 § 215(A), 1962)