The purpose of a variance is to allow for deviations from development standards set forth in the Development Standards Table, referred to as Table 4A, of the San Anselmo Municipal Code.

(§ 1, Ord. 917, eff. February 26, 1991)

A variance may be initiated by the following:

The owner or owners of record of a lot or lots for which a variance is sought.

(§ 1, Ord. 917, eff. February 26, 1991)

An application for a variance shall include, at a minimum, the following:

(a)

A completed application form of a content specified by the Planning Director;

(b)

A completed environmental information work sheet of a content and form specified by the Planning Director; and

(c)

Payment of fees for the review and processing of a variance, in a fashion and manner as may be prescribed by the Town Council.

(§ 1, Ord. 917, eff. February 26, 1991)

A variance may be acted upon by either (1) the Planning Director; or (2) after the Planning Commission conducts one or more public hearings on the variance. The following identifies which variance applications may be acted upon by the Planning Director and which variance applications shall be acted upon by the Planning Commission:

(a)

Planning Director.

The list of administrative variances, which require discretionary action by the Planning Director, is included in the Minor Intrusions Into Required Residential Development Standards Table, referred to as Table 4B.

The Planning Director may refer any of the above to the Planning Commission if, in the opinion of the Planning Director, review by the Commission is desirable.

Should a property require more than one planning application, and should any of those applications require Planning Commission review, then all planning applications associated with the property shall require Planning Commission review.

(b)

Planning Commission.

All other variance applications not identified in the Minor Intrusions Into Required Residential Development Standards Table, referred to as Table 4B.

(§ 1, Ord. 917, eff. February 26, 1991)

Approval of a variance, which may include the imposition of conditions, shall be made only after the making of all of the following findings:

(a)

Due to special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the controlling zoning ordinance or regulation deprives the property of privileges enjoyed by other property in the vicinity and under an identical zoning classification, and the granting of the variance will 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; and

(b)

The granting of the variance, under the circumstances of the particular case, will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

(§ 1, Ord. 917, eff. February 26, 1991)