San Rafael Municipal Code Ch. 13.20 Variances

Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this title may result from the strict application of the provisions thereof, variances may be granted as provided in this chapter.

(Ord. 787 § 1; December 2, 1963).

Application for any variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by a fee of ten dollars and statement, plans and evidence showing:

(a) That there are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same setback district.

(b) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant.

(c) That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

(Ord. 787 § 1; December 2, 1963).

A public hearing may be held within thirty days after the filing of application, notice of which shall be given by posting notice on the property involved, or adjacent thereto, at least ten days prior to such hearing.

(Ord. 787 § 1; December 2, 1963).

(a) In order to grant any variance, the findings of the Planning Commission shall be that the qualifications under Section 13.20.020 apply to the land, building or use for which variance is sought, and that such variance shall be in harmony with the general purpose of this title.

(b) The Planning Commission may designate such conditions in connection with the variance as it deems necessary to secure the purposes of this title and may require such guarantees and evidence that such conditions are being or will be complied with.

(Ord. 787 § 1; December 2, 1963).

(a) In case the applicant or any other person is not satisfied with the action of the Planning Commission he may within five days appeal in writing to the City Council.

(b) The City Council shall set a day for public hearing and shall post notice of the property involved or adjacent thereto at least ten days prior to the hearing. Notice shall also be given to the Planning Commission of such appeal, and the Planning Commission shall submit a report to the City Council setting forth the reason for action taken by the Commission, or shall be represented at the hearing.

(c) Upon the hearing of said appeal the City Council may overrule or modify the decision, determination or requirement appealed from, and enter any such order or orders as are in harmony with the spirit and purpose of this title. The City Council shall render its decision within sixty days after the filing of such appeal, and such disposition of the appeal shall be final.

(Ord. 787 § 1; December 2, 1963).

No building or zoning permit shall be issued, in any case where a variance is necessary, until five days after granting of such variance by the Planning Commission or upon granting of such variance by the City Council and then only in accordance with the terms and conditions of the variance granted.

(Ord. 787 § 1; December 2, 1963).