Article 13 — Variances

The Planning Director, the Planning Commission or the Board of Supervisors, respectively, may authorize a variance to any of the provisions of this chapter. Applications for such variances shall be made by the subdivider or his or her agent, stating fully the grounds for such request, and showing:

(a)

That there are special circumstances or conditions affecting the property such that the variance would not constitute a grant of special privilege;

(b)

That, because of unusual size, shape, topography, location, and surroundings, the strict application of the provisions of this chapter would deprive the property of privileges enjoyed by other property i n the vicinity;

(c)

That the granting of the variance would not be injurious to other properties in the vicinity or detrimental to the public interest; and

(d)

That unnecessary hardships or results inconsistent with the purposes of this chapter would result through the strict and literal interpretation and enforcement of the provisions of this chapter.

In approving any variance to the provisions of this chapter, a report shall be prepared by the Planning Department, together with findings with respect to the variance applied for and shall specifically and fully set forth the extent of any variance recommended and any conditions thereto considered necessary. Upon the receipt of such report, the Planning Director, Planning Commission or Board of Supervisors, as the approving body, may grant a variance to the provisions of this chapter.

(§ II, Ord. 87-2, eff. March 12, 1987, § I, Ord. 92-30, eff. October 22, 1992)