10.50.034B Subdivision and short subdivision enforcement provisions – Variances.
(a) Applications for variances from the literal enforcement of this chapter shall be made in writing and filed by the landowner with the city planning division, which application shall specifically state the relief sought and the reasons thereof. The application for variance shall demonstrate all of the following:
(1) That special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands in the same area.
(2) That literal interpretation of the provisions of this title would deprive the landowner of rights commonly enjoyed by other properties in the same area under the terms of this title.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
(4) That the special hardship is not self-inflicted.
(5) That granting the variance requested will not confer on the applicant any special privilege that is denied by provisions of this title to other lands in the same area.
(6) That financial gain is not the ground or grounds for the variance.
(7) That the variance will not nullify the intent and purpose of the general plan nor the provisions of this title.
(b) An application for a variance shall be considered by the hearing examiner at an open record public hearing, and the hearing examiner shall make its recommendation to the city council.
(c) On receipt by the city council of the hearing examiner's recommendation, the city council shall consider the application at a public meeting. The city council may grant such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would work a unique hardship on the applicant. In granting such variance, the city council may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements concerning which a variance is granted. (Ord. 2173, § 2 (Exh. A), 2022.)