Lakeport Municipal Code Art. VI Variances

A. Applications for variances from the strict application of the terms of this chapter may be made and variances granted when the following circumstances are found to apply:

1. That any variances granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other projects of similar type; and

2. That because of special circumstances applicable to the subject project, the strict application of this chapter is found to deprive the subject project of privileges enjoyed by other projects under identical conditions.

B. Applications for variances shall be made in writing by the property owner, lessee, purchaser in escrow, optionee with the consent of the owners, or by a public utility company or other agency with the powers of eminent domain, on a form prescribed by the planning commission. They shall be accompanied by a fee, set by resolution of the city council; a plan of the details of the variance requested; and evidence showing:

1. That the granting of the variances will not be contrary to the extent of this chapter or to the public safety, health and welfare; and

2. That due to special conditions or exceptional characteristics of the project, or its location, the strict application of this chapter would result in practical difficulties and unnecessary hardship.

(Ord. 607 §§ 8.1, 8.2, 1982)

A. A public hearing shall be held on any application for a variance.

B. Notice of the hearing shall be given not less than ten days prior to such hearing, by posting in three places, and by mailing, postage prepaid, a notice of hearing stating the time and place of such hearing to all persons whose names and addresses appear on the latest tax roll, or as known to the city, as owning property within three hundred feet from the exterior boundaries of the area occupied, or to be occupied, by the use which is the subject of the hearing; and the tenants of the proposed conversion project.

C. Such notice shall set forth a general description of the property affected, and the nature of the proposed use or variance.

(Ord. 607 § 8.3, 1982)

Variances shall not be issued until five days have elapsed from the granting thereof, and in case an appeal is filed from the planning commission decision thereon shall not be issued until a decision is made by the city council on such appeal.

(Ord. 607 S8.4, 1982)

Variances shall not have any force and effect until the permittee acknowledges receipt thereof and acceptance of any conditions thereto.

(Ord. 607 § 8.5, 1982)

In case the applicant or any other person is not satisfied with the action of the planning commission on any variance application, he may within five days appeal in writing to the city council, accompanied by a fee as set by resolution of the city council.

A. Upon receipt of the appeal and fee, the city council shall set the matter for public hearing, notice thereof to be given as provided by law. Notice shall also be given to the planning commission which shall submit a report to the city council setting forth the reasons for the action taken by the commission. The report shall be submitted in writing or by a representative at the hearing.

B. The city council shall render its decision not more than forty-five days after the close of the hearing.

(Ord. 607 § 8.6, 1982)

Any variance granted in accordance with the terms of this chapter shall, without further action, become null and void if not used within one year from the date of the approval thereof or within any shorter period of time, if so designated by the planning commission.

(Ord. 607 S8.7, 1982)

Any variance granted in accordance with the terms of this chapter may be revoked by the city council in the manner hereinafter set forth, if any of the conditions or terms of such variance are violated.

A. Before the council considers revocation of a variance, the planning commission shall hold a hearing thereon giving notice thereof to the permittee at least ten days in advance of such hearing. Within five days thereafter, the commission shall transmit a report of its findings and recommendations on the he revocation to the city council.

B. Revocation of a variance can occur when continued relief from the strict application of the terms of this chapter would be contrary to the public interest, safety, health and welfare.

(Ord. 607 S8.8, 1982)