Modesto Municipal Code Art. 6 Variances

The Board may grant variances, when practical difficulties, unnecessary hardships or inconsistencies with the general purpose of this Title result from the strict and literal interpretation and enforcement of its provisions. The sole purpose of a variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same zone and immediate vicinity.

The applicant for a variance shall have the burden of proof of showing that:

(a) There are special circumstances or conditions applicable to the property or buildings in question which do not exist for other property or buildings in the same zone and immediate vicinity;

(b) The special circumstances or conditions are such that strict application of the provisions of this Title would deprive the applicant of practical use of the property or buildings; and,

(c) Granting the variance will be consistent with the intent and purpose of this Title and will not be detrimental to the neighborhood or public welfare.