Chapter 27.78 — VARIANCES

In order that the purpose of this Code may be carried out, the approval body designated in this Title may, upon receiving an application for a variance from the provisions of this Title, vary such provisions upon finding that owing to special conditions, enforcement of the Title would result in hardship. Any variance granted shall be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privilege.

(a) In order to make its determination that there is hardship, the approval body designated in this Title shall determine if each of the following conditions pertain:

(1) There are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to property in the same zone or neighborhood including buildings of architectural or historical significance or of architectural interest as recognized by action of the City Council or another government agency.

(2) A variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property owners in the same zone or neighborhood;

(3) Granting of the variance will not be materially detrimental to the public health, safety or welfare or materially injurious to other property or improvements in the neighborhood in which the property is located; and

(4) Granting of the variance will not adversely affect or be inconsistent with the general plan.

(b) Parking stall dimension variances shall also meet all of the following limitations:

(1) Handicapped stalls required by the State Architect's Handicapped Access Regulations are not eligible for this process.

(2) The application must be based on constraints imposed by physical features of the site (such as slopes, Major Vegetation to be preserved as defined in Chapter 23.40, or Protected Trees as defined in Chapter 13.40), or existing structural improvements. No variance shall be granted for stall dimensions due to mere lack of space on the site to meet standard requirements

for the project, nor for the sole purposes of design simplicity, reduced cost or other convenience of the applicant.

(3) Variances for the width of stalls shall only be allowed for locating posts or stub walls in the very front or rear part of the stalls where they will not obstruct the swing of doors for passenger vehicles, or to allow continued use of established parking structures.

(4) The application meets one or more of the following:

(A) The variance is needed to continue using existing facilities;

(B) No more than one dimension is to vary, and by not more than 1 foot width or 6 inches height or 2 feet length;

(C) No more than 10% of all required stalls, or 3 stalls, whichever is greater, are to

vary;

(D) The total volume of each of the stalls will be at least 95% of the unvaried volume of height, width and depth combined.

The planning commission may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to prevent injurious effects therefrom upon other property in the neighborhood, and otherwise effectuate the provisions of this title.

Variances from the regulations of this Title may be granted by the designated approval bodies only in accordance with the standards set forth in this chapter and may be granted in the following instances only:

• (a) To permit any yard of less dimension than required by the applicable regulations;

• (b) To permit a reduction of build-to-lines required by the applicable regulations;

(c) To permit any building or structure to exceed the floor area ratio limitations imposed by the applicable regulations;

(d) To permit the use of a zoning plot for a use otherwise prohibited solely because of the insufficient area of the lot, except that there shall be no increase in the number of units permitted on a site, nor shall there be permitted a density which exceeds the maximum allowable for each building site within each planning area as specified in Section 27.02.160 of this code and the housing element of the general plan;

(e) To reduce the applicable off-street parking or loading facilities required or adjust stall dimensions;

(f) To increase by not more than twenty-five percent the maximum distance that required parking spaces are permitted to be located from the use served;

(g) To permit the same off-street parking facilities to qualify as a required facility for two or more uses, provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week.

(Ord. No. 2001-27 § 8; Ord. No. 1991-12 § 84; Ord. No. 1983-15 § 2; Ord. No. 1978-18 § 108; Ord. No. 1974-20 § 1; prior code § 152.05(B).)

Cross References

Section 27.06.040(a)(9)