Variances and Enforcement Amended
156.100 Variance application.
When necessary, the Planning Commission may consider variances to requirements and regulations of this chapter.
(A) Application for a variance shall be made by a petition of the subdivider or partitioner stating fully the grounds of the application and the facts relied upon by the petitioner.
(B) The petition shall be filed with the tentative plan of the subdivision or tentative map of the partition.
(C) In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the Planning Commission shall find after a public hearing, that:
(1) Exceptional or extraordinary circumstances apply to the property and result from tract size or shape, topography or other circumstances over which the owners of the property, since enactment of this chapter, have had no control;
(2) The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same vicinity possess;
(3) The variance would not be materially detrimental to the purposes of this chapter or to property in the same vicinity in which the property is located or otherwise in conflict with the objectives of any city plan or policy; and/or
(4) The variance requested is the minimum variance that would alleviate the hardship. (Ord. 80-3, passed 04/12/2004)