Chapter 19.44 — MINOR VARIATIONS

(A) The purpose of this chapter is to provide limited relief from the strict application of development standards specified in this title where the granting of a minor variation would promote uniform development or relieve an unreasonable hardship, but would not be detrimental to the public health, safety, or welfare or to property or residents in the area.

(B) It is the intent of the city to limit the use of minor variations to new and expanded commercial and industrial development and to additions to residential structures on lots created prior to the effective date of the city's incorporation, January 1, 1992.

(Ord. 2001-02 § 1, 2001.)

(A) A minor variation to the following standards may be approved:

(1) Off-street parking and loading requirements in commercial and industrial districts: ten percent maximum waiver of the number of parking spaces required or the amount of landscaped parking area required by Chapter 19.21, Parking and Loading Standards;

(2) On an existing residential lot created prior to the effective date of the incorporation of the city, January 1, 1992, a ten percent maximum waiver to setback, lot coverage, separation between buildings, and building height requirements may be granted for additions to existing structures;

(3) In commercial and industrial districts, a ten percent maximum waiver to setback, lot coverage, separation between buildings, lot dimension, and building height requirements may be granted only in conjunction with the approval of a design permit or use permit approved by the planning commission or city council;

(4) Sign area and height: ten percent deviation from the standards set forth in Chapter 19.23, Sign Regulations.

(B) Any minor variation request that exceeds the prescribed limitation set forth in this chapter shall require the filing of a variance application, pursuant to Chapter 19.43.

(Ord. 2001-02 § 1, 2001.)

(A) Application. An application for a minor variation shall be filed with the community development department on forms prescribed by the director, along with any plans, maps, or additional information required by the director. The application shall include, in part, evidence supporting the findings required by this chapter.

(B) Review and Approval Authority.

(1) A minor variation application shall be reviewed and approved, conditionally approved, or denied by the community development director in accordance with Chapter 19.40, Review and Approval Procedures, if no other entitlements are required.

(2) If other approvals are necessary, the minor variation shall be filed concurrently with the related entitlement(s) requests, and shall be acted upon by the appropriate decision-making authority for the related entitlement(s).

(C) Required Findings. The community development director, planning commission, and city council may approve or conditionally approve a minor variation application if the following findings are made:

(1) The granting of the minor variation will not be materially detrimental to the public health, safety, or welfare, or to property or residents in the vicinity.

(2) The granting of the minor variation will not result in any inconsistencies with the general plan.

(3) The minor variation does not exceed the maximum waiver permitted by this chapter, or allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel.

• (4) Either of the following:

(a) The minor variation will promote uniformity in development on the lot or in the area.

(b) The minor variation will alleviate an unreasonable hardship on the property owner or applicant that would result from strict application of the requirements of this title.

(D) Terms and Conditions. Any minor variation approval may include such terms and conditions as deemed necessary or appropriate by the community development director, planning commission, and city council to affect the purposes of this title. If no additional terms or conditions are specified, the minor variation shall be considered unconditional and valid for an indefinite period.

(Ord. 2001-02 § 1, 2001; Ord. 2009-10 § 3, 2009.)

(A) One-Year Expiration. If the project for which a minor variation has been approved pursuant to this chapter has not been inaugurated within one year of the granting of the minor variation, the minor variation shall become null and void and of no effect. This provision shall not apply to applications approved in conjunction with another discretionary permit. In such cases, the expiration period shall coincide with that of the associated permit.

(B) Time Extensions. An extension of time for project inauguration may be granted by the community development director upon written request by a responsible party before the expiration of the one-year period, provided that:

(1) There have been no changes in the approved plans; and

(2) There has been no change of circumstances, which would prevent any of the required findings of approval to be made.

(3) Only one such extension for a period not to exceed one year from the expiration of the original period shall be granted.

(4) An additional extension not to exceed two years from the initial expiration of the original extension period may be granted by the community development director where the state unemployment rate exceeds nine percent, as per the U.S. Bureau of Labor Statistics.

(Ord. 2001-02 § 1, 2001; Ord. 2010-09 § 4, 2010.)

Any minor variation issued pursuant to this chapter may be revoked or modified pursuant to Chapter 19.40, Review and Approval Procedures.

(Ord. 2001-02 § 1, 2001.)