San Anselmo Municipal Code Art. 9 Exceptions

(a) The Commission may authorize conditional exceptions to any of the requirements and regulations set forth in this chapter. For all subdivisions, an application for any such exception shall be made by a verified petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the Commission find the following facts with respect thereto:

(1) That there are special circumstances or conditions affecting such property;

(2) That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and

(3) That the granting of the exception will not be detrimental to the public welfare nor injurious to other property in the territory in which such property is situated.

(b) In making such exceptions, the Commission shall secure substantially the objectives of the regulations to which the exceptions are granted as to light, air, and the public health, safety, convenience, and general welfare.

(c) In authorizing any exception under the provisions of this section, the Commission shall make findings with respect thereto and shall specifically and fully set forth the conclusions which justify the exception and the conditions designated.

(d) In all cases in which such exceptions are authorized, the Commission shall require such evidence as the Commission deems necessary that the conditions required in connection with such exceptions are being complied with.

(e) Should the subdividers be dissatisfied with the action of the Commission, they shall have the right within ten (10) days after the decision of the Commission to appeal the decision to the Town Council.

(Ord. 839, eff. July 14, 1983, as amended by § 1, Ord. 894, eff. January 21, 1988)