Tuolumne County Municipal Code Ch. 16.16 Variances

Sections:

• 16.16.010 Variances generally.
• 16.16.020 Application.
• 16.16.030 Issuance and mandatory findings.

the terms of this title shall be granted only when, because of special circumstances applicable to the property, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, and a particular hardship to the owner would result, as distinguished from a mere inconvenience or additional expense. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. In cases where this title specifically grants to the director the discretion to waive, reduce, or modify the terms herein, any aggrieved party shall submit an appeal in accordance with Section 16.06.130 and not a variance. (Ord. 1562 ' 2 (part), 1987).

agent may make application for a variance on a form prescribed by the Director and submitted to the Department of Public Works accompanied by the required fee and such maps and other information as are required for evaluation of the applicant's request, a list of the names and addresses of all adjacent property owners, and written statements and evidence showing that the mandatory findings in Section 16.16.030 can be made. (Ord. 2690 § 3, 2006; Ord. 1562 ' 2 (part), 1987).

A. Variances may be granted by the board.
A variance may only be granted when these findings can be made:

1. Exceptional or extraordinary circumstances or conditions not of the applicant's or owner's own making apply to the physical surroundings, size, shape, or topographical conditions of the parcel, which circumstances or conditions do not apply generally to parcels in the same district;
2. Granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant;
3. Granting of such application will not, under the circumstances of the particular case, be substantially detrimental to 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 substantially detrimental to the public welfare or injurious to property or improvements in said neighborhood;
4. The variance is in conformity with the intent and purpose of the Subdivision Map Act and this title, and is consistent with the general plan. B. The director shall conduct an investigation to determine whether the findings can be met and shall prepare a report and recommendation on the application. C. Within forty-five days of receipt of a complete application, the director shall refer the application for a variance to the board for action.
   Such application shall be scheduled for hearing by the board within thirty days of the referral and all adjacent property owners shall be notified in person or by mail at least ten days prior to such hearing. Within forty-five days of the referral, the board shall approve, conditionally approve or deny the application. (Ord. 1562 ' 2 (part), 1987).

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