Gilroy Municipal Code Art. III Variances

The planning commission shall hear and decide applications for variances from the terms of this chapter when all the following circumstances are found to apply:

(a) There are special conditions or exceptional characteristics in the nature of the property affected by the application, including size, shape, topography, location or surroundings, such that a literal enforcement of this chapter in the particular case would result in practical difficulties or unnecessary hardships.

(b) The variance is necessary for the preservation and enjoyment of substantial property rights and will not constitute a grant of special privilege inconsistent with the limitations imposed by this chapter on other properties in the vicinity of the affected property.

(c) The granting of the variance will not be contrary to the intent of this chapter or to the purposes and objectives of the general plan of the city.

(Ord. No. 674, pt. 5, § 1)

Any person desiring to obtain a variance from the terms of this chapter shall file an application with the secretary of the planning commission, subject to the payment of a fee of ten dollars, on such form as shall be prescribed by the commission. The application shall state the nature of the variance requested and be accompanied by a legal description of the affected property and by such exhibits as may be required by the commission in support of the application.

(Ord. No. 674, pt. 5, § 2)

The secretary of the planning commission, shall set the time and place where public hearing on an application for variance shall be held and shall cause public notice of such hearing to be mailed to the owners of all property within three hundred feet of the property affected by the application at their last known addresses as the same are shown on the most recent records of the county assessor. The notice shall be mailed at least five days before the date of the public hearing. A similar notice shall be mailed to the applicant and the director of public works. The secretary may give notice to other interested cities or the county.

(Ord. No. 674, pt. 5, § 3)

The planning commission shall hear the matter and render a decision to grant or deny the requested variance. No decision of the commission on an application for a variance shall become final until the time in which an appeal may be filed with the city council has elapsed without an appeal having been filed.

(Ord. No. 674, pt. 5, § 4)

The grant of any variance may include such conditions as the planning commission deems reasonable to carry out the provisions of this chapter. Such conditions, without limiting the authority of the commission in this regard, may include a time limitation.

(Ord. No. 674, pt. 5, § 5)

The planning commission on its own motion may, and if instructed by the city council shall, without the filing of any petition, hold a hearing for modifying or revoking a variance which has been granted by the city council or the commission pursuant to either the provisions of this chapter or of any ordinance superseded by this chapter. Not less than ten days prior to the date of hearing for modification or revocation, the secretary of the planning commission shall serve upon the owner of the premises involved a written notice of the time and place of such hearing by certified mail, postage prepaid. The secretary shall also give notice of such hearing to the director of public works.

(Ord. No. 674, pt. 5, § 6)

After a public hearing, the planning commission may revoke or modify a variance on any one or more of the following grounds:

(a) That the use for which the variance was granted is being or recently has been exercised contrary to the terms or conditions of the variance.

(b) That the use for which the variance was granted is not being exercised.

(c) That the use for which the variance was granted has ceased or has been suspended for one year or more.

(Ord. No. 674, pt. 5, § 7)

The following procedure shall apply in cases of appeal from the decision of the planning commission:

(a) Within seven (7) calendar days after the decision of the planning commission on an application for a variance from the terms of this chapter, or on a revocation or modification of a variance previously granted pursuant to either the provisions of this chapter or of any ordinance superseded by this chapter, any person dissatisfied with the action of the commission may file an appeal for such action with the clerk of the city subject to the payment of a fee of twenty-five dollars.

(b) The appeal shall be heard by the city council within thirty days after the filing of the appeal; provided, that the city council may continue from time to time any hearing held by it.

(c) The clerk of the city council shall set the time and place for the appeal to be heard by the council. The clerk shall cause notice of such hearing to be mailed at least five days before the date of the hearing to the same property owners and agencies who received the mailed notice of the hearing before the planning commission under section 15A.15. A similar notice shall be mailed to the applicant for the variance and the appellant. On an appeal from a revocation or modification of a variance, notice shall be given only to the appellant.

(d) The secretary of the planning commission shall transmit to the city council all maps, records, papers and files which constitute the record in the action from which the appeal was taken.

(e) The city council shall hear and decide the matter de novo as if no other hearing had been held. The decision of the city council on an appeal shall be final.

(Ord. No. 674, pt. 5, § 8)