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What is a variance?
A variance allows an exception to zoning standards (building setbacks, building heights, lot coverage, etc,) only when an unusual circumstance such as size, shape, topography, or surroundings of the subject property deprives the owner from using the land as other owners in the same zone may. Strict application of the Code in this case would impose an undue hardship to the property owner. Any owner can apply for a variance, but approval may be obtained only for minor deviations from standards set by Code. Variances cannot be used to design projects that violate the intent of the law, nor may they be used to allow a use or activity prohibited by the zoning ordinance.
Findings Must be Determined to Approve a Variance
The Planning Commission is appointed by the City Council to determine whether each variance request is reasonable by applying the following required findings: 1. NO SPECIAL PRIVILEGE is granted to the applicant. 2. SPECIAL CIRCUMSTANCES directly related to the property must impose a unique hardship. Examples of special circumstances include irregular shape or size of a lot, steep topography, substandard size lot or other physical impediment of the property. 3. NOT DETRIMENTAL OR INJURIOUS to the public welfare or injurious to surrounding properties. 4. GENERAL PLAN CONFORMANCE--the proposal must be consistent with the City's General Plan.
What are the steps to obtain a variance?
Obtain zoning information and proper applications from the Planning Division. 2. Submit completed application forms, plans and other pertinent information to the Planning Division for review to determine completeness. 3. Staff reviews, conducts research/evaluates the proposal and prepares a Staff Report with recommendations for the Planning Commission. 4. Attend the Planning Commission Meeting to present your request and answer any questions. An authorized representative may substitute for you. 5. The proposal is presented to the Planning Commission in a public hearing. Based on the information and evidence presented, the Planning Commission approves or denies the project. 6. Any aggrieved person may appeal the decision of the Planning Commission to the City Council within nineteen (19) calendar days from the decision where the City Council would render a final decision. 1.
Planning Division
This handout provides general information only. Please contact the Planning Division for further information.
See reverse for Application Process