The sole purpose of a variance shall be to insure 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. No variance shall be granted which would have the effect of granting a special privilege not shared by other properties in the same vicinity and zone.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.1)

The planning commission shall have the authority, subject to the procedures set forth herein to grant variances from any provisions of this code relating to the use and development of land when practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this code, occur by reason of the strict and literal interpretation of any of the provisions of this code. (See Exhibit 17.72.020, Zone Variance Process.)

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273)

EXHIBIT 17.72.020

ZONE VARIANCE PROCESS
City of Montebello

Application for a variance shall be made by the property owner, or an authorized agent, to the planning commission on a form provided for that purpose by the city, and shall be accompanied by a filing fee in an amount established by resolution of the city council.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.2)

An application for a variance shall be accompanied by maps showing the subject property as well as the surrounding area, plot plans of the subject property showing all existing and proposed buildings and uses, a list of names and addresses of all surrounding property owners as set forth in Chapter 17.78 of this code and any other data required by the city planner to adequately present the application to the commission.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.3)

The city planner shall set the request for a variance for a public hearing before the planning commission in the manner specified in Chapter 17.78 of this code.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.4)

Before any variance shall be granted, the planning commission shall satisfy itself that the applicant has demonstrated the following facts:

A.

That there are special or unusual circumstances applicable to the property involved, such as size, shape, topography, location or surroundings, which do not generally apply to other properties in the vicinity included in the same zone as the subject property;

B.

That due to such special or unusual circumstances, the strict application of the provisions of the code would result in practical difficulties or unnecessary hardships, or would deprive such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;

C.

That the variance is necessary for the preservation of a substantial property right of the applicant to facilitate a reasonable use of the subject property which right is possessed by other property in the same vicinity and zoning as the subject property;

D.

That the granting of the variance will not cause an adverse effect on the public welfare or surrounding properties; and

E.

That the granting of such variance will be consistent with the general purpose and intent of this code and will not adversely affect the general plan.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.5)

The commission may grant a variance subject to such conditions as the commission finds are warranted by the circumstances involved. The conditions may include the dedication and development of streets adjoining the property and other improvements. All such conditions shall be binding upon the applicants, their successors and assigns; shall run with the land; and shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use and maintenance of all land and structures within the development.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.7)

Before any variance granted pursuant to the provisions of this title shall become effective, the applicant shall file a written statement, in the form to be prescribed by the city planner, acknowledging and accepting all of the conditions, if any, imposed upon such variance. Failure to file such written statement with the city planner within thirty days after notice shall automatically terminate the variance.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.12)

A.

Within twenty days after completion of the public hearing, the commission shall announce the findings in a formal resolution on a request for a variance, unless an extension of time has been agreed to by the applicant. The commission may grant, conditionally grant or deny a variance based on the evidence submitted and its own study and knowledge of the circumstances.

B.

The planning commission resolution shall contain the facts and reasons which, in the opinion of the planning commission, make the granting of the variance necessary to carry out the general purpose of this code. The resolution shall set forth those conditions necessary to insure that granting the variance will not adversely affect the surrounding properties or the general welfare of the community.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.6)

Not later than seven days following the planning commission's action in granting or denying the variance, a copy of the resolution shall be mailed to the applicant at the address shown on the application form and to any other person requesting a copy.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.8)

Any condition imposed upon the granting of a variance may be modified or eliminated, or new conditions may be added; provided, that the granting body shall first conduct a public hearing in the same manner as required for the granting of the same. No such modification shall be made unless the commission or council finds that such modification is necessary to protect the public interest and/or adjacent or abutting properties; or, in case of deletion of an existing condition, that such action is necessary to permit reasonable operation and use under the variance.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.11)

The provisions of Chapter 17.78 of this code regarding appeal of the commission's action and the effective date of approval, shall apply.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.9)

The provisions of Chapter 17.80 of this code, regarding expiration or revocation of a variance, shall apply.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.10)

Where an application for a zone variance or conditional use permit has been denied by the city council, upon an appeal from a decision of the planning commission, if substantially the same application, relating to the same real property, is refiled, within a period of one year after such denial, the action of the commission, after the conduct of a hearing upon such application, shall be to recommend to the city council either the approval, denial or conditional approval of such application. The commission's recommendation shall be forwarded to the city council, and the city council, based upon the hearing to be held before it and the commission's recommendations, shall determine whether the application should be approved, disapproved or conditionally approved.

(Ord. 2027 § 6 (a) (part), 1990; prior code § 9273.13)