Loyalton Municipal Code Art. XV Variances

Where practical difficulties, unnecessary hardships or results inconsistent with the purposes and intent of this Ordinance may result from the strict application of any of the provisions thereof, variances in such provision or provisions may be granted as provided in this Article. A. Application and Fee (1) Application for a variance shall be made in writing upon a form prescribed by the Planning Commission and shall be accompanied by a fee of $5.00 for the first lot or parcel or portion thereof plus $1.00 for each additional parcel or lot or portion thereof, no part of which shall be returnable to the applicant, and by statements, plans or other evidence showing: (a) That there are exceptional or extraordinary circumstances or conditions applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to other land, building and/or uses in the district. (b) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. (c) That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. Ordinance No 306

(2) Forms for application for a variance may be procured at the office of the City Clerk, City Hall, Loyalton, California, and upon completion by the applicant shall be filed with the City Clerk. B. Public Hearing (1) The Planning commission at its next regular meeting following receipt of an application for a variance shall fix a time and place for a public hearing thereon which shall be not less than 12 days and not more than 45 days thereafter. (2) Notice of hearing shall be given by mail to the owners of property within a radius of 250 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the assessment rolls of the City. Such notice shall state the nature of the request, the location of the property involved in the application, and the time and place of hearing. In addition, notice of hearing shall be posted in at least three public places within the City of Loyalton. Notices shall be mailed and posted at least ten days prior to the date of the hearing. Failure of any property owner to receive such notice shall not invalidate the proceedings. (3) A summary of all pertinent testimony heard at the hearing, together with the names and addresses of all persons testifying, shall be made a part of the permanent file of the case. (4) The hearing may be continued from time to time provided that prior to adjournment or recess thereof, the Presiding Officer shall announce the time and place to which the hearing is continued. C. Action of the Planning Commission (1) The Planning Commission shall make its decision within 35 days after the conclusion of the hearing. (2) The decision of the Planning Commission shall be announced and recorded by passage and adoption of a resolution of the Commission, and such resolution shall recite the findings of the Commission upon which it based its decision. D. Appeal: Appeal from the findings of the Planning commission may be made in writing to the City Council within ten das from the Commission’s action.