Colusa County Municipal Code Art. III Variances

(Ord. No. 258, § 20)

Variances from the provisions and requirements of this chapter may be granted in cases of unnecessary hardship in accordance with the procedure and under the conditions set forth in this article.

(Ord. No. 258, § 20)

Each applicant for a variance pursuant to this article shall file a written request therefor with the county planning commission, which request shall describe the property in connection with which the variance is sought and shall state the nature and extent of the desired variance and the particular reasons and grounds for the request.

(Ord. No. 258, § 20)

Upon the filing of an application for a variance as provided for by this article, the applicant for such variance shall pay a fee of twenty-five dollars to the county to defray the expenses of such application. Such fee shall become the property of the county when such application for variance is made.

(Ord. No. 258, § 20)

Upon the filing of a written request in compliance with section 15-29, and if such request shows upon its face that good cause does or may exist for the granting of a variance, the county planning commission shall hold a public hearing on the request at a regular or special meeting.

(Ord. No. 258, § 20)

Notice of the hearing pursuant to section 15-31 shall be given not less than ten days prior thereto by postal card or letter to the state division of highways, the department of public works (when affected), the road commissioner of the county, each owner of real property within a radius of five hundred feet of the site of the proposed variance, as shown on the latest records of the county assessor, and the applicant. Such notice shall state the time and place of the meeting, the name and address of the applicant, the general location of his property and a brief statement of the variance sought.

(Ord. No. 258, § 20)

The hearing upon the request for a variance pursuant to this article may be adjourned from time to time without further notice other than oral announcement.

(Ord. No. 258, § 20)

No variance pursuant to this article shall be recommended by the county planning commission or granted by the board of supervisors unless each of the following facts is found to exist by the planning commission:

(a) Hardship - Substantial and unnecessary. That a substantial and unnecessary hardship would be imposed upon the applicant for a variance if a strict and literal interpretation of this chapter with regard to his property were made, and the desired variance not granted.

(b) Same - Peculiar to applicant. That such hardship is peculiar to the applicant, and not common to other owners of real property in the locality of the desired variance.

(c) Same - Not solely financial. That such hardship is not solely financial.

(d) Variance not to impair, etc., chapter. That a granting of the requested variance upon such conditions as may appear necessary in the public interest would not impair or adversely affect the general plan and purpose of this chapter.

(Ord. No. 258, § 20)

Within forty days of the final hearing upon the request for a variance pursuant to this article the county planning commission shall render its written report to the board of supervisors, which report shall contain the findings and recommendation of the planning commission. A copy of the report shall be mailed to the applicant. The recommendation shall be an approval, a disapproval or a qualified or conditional approval of the request, and may, in case of disapproval, contain alternative recommendations. The planning commission may, as a condition of approval, recommend that the applicant execute a covenant running with the land or such other instrument or agreement as will protect and subserve the public interest for the future.

(Ord. No. 258, § 20)

The board of supervisors shall accept or reject the recommendation of the county planning commission made pursuant to this article or shall return the same for further consideration and in the latter case a supplemental report of the planning commission shall be submitted to the board of supervisors within ten days after the next regular meeting of the planning commission.

(Ord. No. 258, § 20)

An acceptance by the board of supervisors of a recommendation for approval contained in an original or supplemental report of the county planning commission shall constitute the granting of the variance requested pursuant to this article upon such condition, if any, as may be specified in such report.