The purpose of a variance shall be to ensure that no property, because of special circumstances applicable to it, such as size, shape, topography, location or surroundings, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and identical zone. (Ord. 1000 § 50.00, 1955)

In no case shall a variance be granted to permit a use other than a use permitted in that district. (Ord. 1000 § 50.10, 1955)

   A.   The planning commission shall have the authority, subject to the procedures set forth in this title, to grant variances from any property development standard of this title when it is found that the strict and literal interpretation of such provisions would deny a use of property consistent with the intent and purpose of this title and the general plan. In instances when a variance is processed concurrently with other land use entitlements requiring action by the city council, the planning commission shall make a recommendation to the city council.

   B.   The commission, before it may grant a variance, shall make a finding that, in the evidence presented, all of the following conditions exist in reference to the property being considered:

      1.   That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other properties or uses in the same vicinity and zone;

      2.   That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone district, but which is denied to the property in question;

      3.   That the granting of such variance will not be detrimental to the public welfare or injurious to the property or improvements of others in the vicinity;

      4.   That the granting of such variance will not adversely affect the general plan of the city of Redlands. (Ord. 2503 § 2, 2003: Ord. 1000 § 50.20, 1955)

A signed application for a variance shall be made by the property owner, or his authorized agent, to the planning department, and shall be accompanied by a fee as set by the city council. (Ord. 1000 § 50.30(a), 1955)

An application for a variance shall be accompanied by maps showing the subject property as well as the surrounding area. Plans of the subject property shall show all existing and proposed buildings and uses, and any other data required by the planning department to adequately present the application to the commission. (Ord. 1000 § 50.30(b), 1955)

In cases where the planning department considers the application not within the scope of the variance procedure, the applicant will be so informed; whereupon, if the application is accepted, it shall be signed by the applicant to the effect that he was so informed. (Ord. 1000 § 50.30(c), 1955)

   A.   A public hearing shall be held by the planning commission on the nearest scheduled meeting date not less than twenty one (21) days after the filing of the application.

   B.   Notice shall be published in a newspaper of general circulation not less than ten (10) days before the date set for the planning commission hearing. The notice shall contain all data related to the case.

   C.   Notices shall be mailed, not less than five (5) days prior to the date of the meeting, to owners of property within a radius of three hundred feet (300') of the external boundaries of the property described in the application, using for this purpose the name and address of such owners as are shown on the latest official tax roll of the county. Such notice shall contain all pertinent data related to the case. (Ord. 1000 § 50.30(d), 1955)

The decision of the commission shall be final, unless an appeal therefrom is taken as provided for in section 18.196.110 of this chapter. Such decision shall not become effective for ten (10) days from the date that the written decision has been made and notice thereof mailed to the applicant. (Ord. 1000 § 50.30(e), 1955)

Not later than ten (10) days following the planning commissions action in granting or denying the variance, a written report of the decision shall be mailed to the applicant at the address shown on the application form. A copy of the report shall be forwarded to the city council. (Ord. 1000 § 50.30(f), 1955)

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 such property is situated. The commission shall set forth such conditions as it deems necessary and reasonable to protect the best interests of the surrounding property or neighborhood, the general plan, or the intent thereof. Such 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. (Ord. 1000 § 50.30(g), 1955)

   A.   Appeals may be taken to the council by the applicant or any other person aggrieved by the commissions decision.

   B.   Appeals shall be filed on forms supplied by the planning department with the council within ten (10) days from the date of the commission decision, or at the next regular council meeting following the planning commission meeting.

   C.   On the appeal, the council shall review the decision of the commission, hear new evidence and testimony, if offered, and, in deciding the appeal, may either affirm, reverse, or modify the decision of the commission.

   D.   The council may, on its own motion, cause any commission decision to be appealed. (Ord. 1000 § 50.40, 1955)

A variance shall expire on the expiration date, if any, of the project for which the variance was granted. (Ord. 2390 § 3, 1999)

   A.   The commission may, as an administrative act, consider and approve modifications to property development standards at a public meeting when such modifications are determined to be in the public interest.

   B.   Written notice of the hearing date, time and subject request shall be mailed to adjacent property owners not less than five (5) days prior to the meeting.

   C.   Such modifications are limited as follows: Lot area requirements, yard requirements and lot dimension requirements may be reduced for an individual lot by not more than twenty percent (20%) of that required in the district where, in the commission's judgment, the shape of the individual building site, topography of the site, the location of an existing building, or other conditions make strict compliance impossible without practical difficulties or personal hardships. (Ord. 1000 § 50.60, 1955)