Walnut Creek Municipal Code Art. 9 Variances

The purpose of a variance is to permit minor adjustments to the strict application of the provisions of this chapter when there are peculiar circumstances applying to a parcel, such as unusual size, shape, topography, location or surroundings, which deprive the parcel of privileges enjoyed by other property in the vicinity which is within the same zoning classification. A variance may not be granted which authorizes a use which is not otherwise authorized by the zoning classification governing the subject parcel.

An application for a variance may be filed with the Zoning Administrator as provided in Article 2 above.

Upon receipt of a complete application, a public hearing on the application shall be scheduled before the Zoning Administrator as provided in Article 3 above. Notice of the public hearing shall be given as provided in Article 3 above.

No variance may be granted unless the following findings are made:

A. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the regulations contained in this chapter deprives such property of privileges enjoyed by other properties in the vicinity and within the same zoning classification;

B. That the variance, including any conditions imposed, is consistent with the general plan, any applicable specific plan and this chapter; and

C. That the variance request, including any conditions imposed, will not be detrimental to the public health, safety or welfare.

Following the public hearing, the Zoning Administrator may approve, conditionally approve or deny the application as provided in Part IV, Article 4. The Zoning Administrator shall impose any conditions necessary to assure that the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject parcel is located.

The decision of the Zoning Administrator may be appealed in accordance with Article 5 above.