Article 15-70

VARIANCES

Sections:

The Planning Commission is empowered to grant variances in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this Chapter as would result from a strict or literal interpretation and enforcement of certain zoning regulations. A practical difficulty or unnecessary physical hardship may result from the size, shape or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity or from population densities, street locations or traffic conditions in the immediate vicinity. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance. The power to grant variances does not extend to use regulations and any use which is prohibited under the regulations of this Chapter may not be authorized through the granting of a variance.

(a) The Planning Commission is designated as the approving authority under this Article with power to grant variances from the regulations prescribed in this Chapter with respect to site area, site frontage, width and depth, and coverage, setbacks for front, side and rear setback areas, allowable floor area, height of structures, distance between structures, signs, off-street parking and loading facilities, fences, walls and hedges, and

alteration or expansion of nonconforming structures, in accordance with the procedures and requirements set forth in this Article.

(b) No variance for setbacks shall be required for new main and accessory structures proposed to be built where:

(1) The building pad has been graded pursuant to an approved tentative map, recorded final map and approved grading plan, consistent with the final map; or

(2) The location of the building site was an important factor in approving the subdivision, as demonstrated by a preponderance of evidence, such as supplementalsitedevelopmentplans,discussioninstaff reports or public hearing minutes, applicable environmental documents, adopted findings and a resolution approving the project and in adopted conditions of approval.

(3) In the event that new main and accessory structures proposed to be built meet the criteria set forth in subsections (b)(1) and (b)(2) of this Section, those setback requirements in effect at the time the tentative map was approved shall apply.

The Community Development Director shall determine the applicability of this subsection. The Director's decision shall be subject to appeal pursuant to Section 2-05.030. Relief granted under this subsection does not relieve the project from other applicable requirements of this Chapter. (Amended by Ord. 71.99 § 28, 1991; Ord. 71-106 § 12, 1992; Ord. 71-155 § 1, 1995; Ord. 245 § 2 (Att. A) (part), 2006)

(a) Applications for a variance shall be filed with the Community Development Director on such form as he shall prescribe. The application shall include the following:

(1) Address or description of the property.

(2) Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Chapter which would result from a strict or literal interpretation and enforcement of a specified regulation of this Chapter, together with any other data pertinent to the findings required for the granting of a variance, as prescribed in Section 15-70.060.

(3) An accurate scale drawing of the site and the surrounding area for a distance of at least five hundred feet from each boundary of the site, showing the loca-

(Saratoga Supp. No. 38, 1-16)

372.2

15-70.030

tions of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing.

(4) An accurate scale drawing of the site, showing the contours at intervals of not more than five feet and existing and proposed locations of streets, property lines, uses,

372.3

(Saratoga Supp. No. 22, 11-09)