Article III — Minor Variance Permits

A minor variance permit shall only be considered for minor variations from the provisions of Chapters 18.42 , 18.44 , 18.46 and 18.50 of this title. Regulations governing issuance of a minor variance permit shall be as set out in this article. (Prior code § 9213.06 (F)(part))

Any owner of property who can show and support the requirements for qualification, as hereinabove set forth in Section 18.60.060 , and who qualified for a minor variance permit as hereinafter provided, may file with the zoning administrator an application for approval of a minor variance permit, verified by such owner on forms prescribed by the zoning administrator, accompanied by an application filing fee in an amount established by a resolution of the city council. The application shall set forth and include such information as the zoning administrator may require. (Prior code § 9213.06 (F)(1); Ord. 765 § 56, 1989)

Any owner of property who has shown and supported the requirements for qualification, but whose request for approval is minor in scope and nature, and involves only a minor variation not exceeding a twenty-five percent increase or reduction of the particular regulations governing the physical development of property, may qualify for a minor variance permit. (Prior code § 9213.06 (F)(2)(part))

The zoning administrator shall have the authority to approve a minor variance permit which does not exceed a twenty-five percent increase or reduction of the particular regulations governing the physical development of property without holding a public hearing. Such increase or reduction shall not involve a variation from more than three such regulations. The zoning administrator shall process a minor variance permit in the following manner:

• A. Investigations. The zoning administrator, upon receipt and acceptance of an application, shall make and cause to be made such investigations of the facts bearing upon the application that will assure appropriate disposition thereof.

• B. Findings. The zoning administrator, upon conducting an inspection of the property involved, an examination and review of the application and investigations, and upon ascertaining all other pertinent facts relative thereto, shall determine whether or not the requirements for qualifications have been shown, as set out in Section 18.60.050 , and the application therefor qualifies for a minor variance permit, and shall make the appropriate findings applicable therewith.

• C. Notice of Findings Finality of Decisions. The zoning administrator shall announce his or her findings and decisions by formal written declaration of findings and decisions not more than fifteen days after acceptance of an application. Such declaration shall recite and set forth, among other things, the findings of fact, determinations, reasons, conditions and other matters which, in the opinion of the zoning administrator, make the approval, conditional approval or denial of the application considered necessary to carry out the general purpose and provisions of this title, and shall approve, conditionally approve or deny same. The zoning administrator shall forthwith give the owner, applicant and/or any other persons connected with or having an interest in the application, including other city departments and agencies, written notice of his or her actions and decisions, together with a copy of the declaration. The actions and decisions of the zoning administrator shall be final and conclusive unless otherwise appealed as provided for in Chapter 18.64 of this title.

(Prior code § 9213.06 (F)(3))