San Luis Obispo Municipal Code Ch. 17.114 Variances

A. Purpose. The variance procedure is intended to allow minor relaxation of certain standards by the director that would otherwise prevent a property from being used in the same manner as other, similar property, where the intent of these regulations is not compromised by such minor relaxation.

B. Applicability. Yards, height limits, lot coverage, floor area ratio, and parking space requirements may be relaxed. No variance to land use regulations or density standards may be granted. (Ord. 1650 § 3 (Exh. B), 2018)

A. An application shall be in the form prescribed by the director, shall state the precise nature of the grounds for the variance sought, and shall be accompanied by any required fees.

B. Notification requirements and actions of the director shall be as provided for minor use permits in Section 17.110.030 (Procedure—Minor Use Permit). (Ord. 1650 § 3 (Exh. B), 2018)

It shall be the responsibility of the applicant to provide evidence in support of the findings required in Section 17.114.040 (Required Findings). (Ord. 1650 § 3 (Exh. B), 2018)

In order to approve a variance, the director or, on appeal, the planning commission or council, must make each of the following findings:

A. That there are circumstances applying to the site, such as size, shape, or topography, which do not apply generally to land in the vicinity with the same zoning;

B. That the variance will not be in conflict with the purpose and intent of these zoning regulations, the general plan, or any applicable specific plan;

C. That the variance will not constitute a grant of special privilege—an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; and

D. That the variance will not adversely affect the health, safety, or general welfare of persons residing or working on the site or in the vicinity. (Ord. 1650 § 3 (Exh. B), 2018)