Woodside Municipal Code § 153.946 Public hearings

(A) In order to prevent or lessen such practical difficulties or unnecessary physical hardships which would result from the strict interpretation and enforcement of this chapter, the Planning Commission is empowered to grant relief in the form of variances. Such procedure is intended to resolve practical difficulties and unnecessary physical hardships which may result from the exceptional size, shape, topography, location of existing structures or other physical site conditions, or the use or development of property in the immediate vicinity.

(B) The mere existence of a unique or peculiar situation which will result in a hardship to an applicant shall not require the Planning Commission to grant a variance. Economic hardships or costs to the applicant resulting from the literal interpretation of this chapter may be given consideration but shall not be either a primary or sole reason for granting a variance.

(1975 Code, § 9-2.1101) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

In no case shall a variance be granted to permit a use other than a use permitted in the district in which the subject property is situated.

(1975 Code, § 9-2.1102)

(Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

(A) Applications for variances shall be filed with the Planning Director on the prescribed form and shall include the following:

(1) The name and address of the applicant;

(2) A statement that the applicant is the owner of the property or is the authorized agent of the owner, except that a public utility subject to regulation by the Public Utilities Commission of the state need not comply with this requirement;

(3) The address or description of the property;

(4) A statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship which would result from a strict or literal interpretation and enforcement of a specified regulation, together with any other data pertinent to the findings prerequisite to the granting of a variance prescribed in Section 153.949 of this subchapter; and

(5) An accurate drawing at an appropriate scale of the lot and any adjacent property affected showing, when pertinent, the contours at intervals of not more than five feet and all existing and proposed locations of roads, property lines, uses, structures, driveways, pedestrian walks, trails, off-road parking and paved areas, off-road loading facilities, sewage facilities, sign locations, trees, streams, and other pertinent natural features, existing easements, and buildings on neighboring parcels within 100 feet of the boundaries of the subject parcel. The Planning Director may require additional information, plans, drawings, or other documents if they are needed to enable a determination as to whether the circumstances prescribed for the granting of a variance exist or to assist in making the findings prescribed in Section 153.949 of this subchapter. The Planning Director may authorize the omission of any of the plans, drawings, or other documents required by this chapter if they are determined not to be necessary.

(B) The application shall be accompanied by the required fee.

(1975 Code, § 9-2.1101) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The Planning Director, after determining that the application is complete, shall make an investigation of the application and shall prepare a written report which shall be submitted to the Planning Commission and made available to the applicant prior to the public hearing.

(1975 Code, § 9-2.1104) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The Planning Director, when required, or at his/her discretion, shall refer the application to the Architectural and Site Review Board or other boards, committees, or Town officers for review and comment prior to the preparation of his/her written report.

(1975 Code, § 9-2.1105) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

(A) The Planning Commission shall conduct a public hearing on each application for a variance or for the revocation of a variance granted subject to a condition or conditions. The hearing shall be set and notice given as prescribed in Section 153.963 of this chapter.

(B) At the public hearing, the Planning Commission shall review the application and the drawings and other documents submitted and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 153.948 of this subchapter.

(1975 Code, § 9-2.1106) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The Planning Commission may grant a variance as it was applied for or may modify the request if, on the basis of the application and the evidence submitted, the Planning Commission makes all of the findings prescribed in Section 153.948 of this subchapter.

(1975 Code, § 9-2.1107) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

(A) The Planning Commission shall make the following findings when granting variances:

(1) That because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this chapter will deprive the applicant of privileges enjoyed by other properties in the vicinity and under the identical district classification;

(2) That the variance or adjustment will not constitute a grant of special privilege, is consistent with the limitations upon other properties in the vicinity and under the identical district classification, and is consistent with the objectives of this chapter:

(3) That the strict application of this chapter would result in practical difficulty or unnecessary physical hardship which is not of the applicant's own making;

(4) That the granting of the variance or adjustment will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated; and

(5) That the granting of the variance will be consistent with the general purposes and objectives of this chapter and of the General Plan.

(B) The Planning Commission shall deny a variance application if any one of such findings is negative. The Planning Commission may grant a modified variance if necessary to make all of such findings.

(1975 Code, § 9-2.1108) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

(A) The Planning Commission shall make its findings and determination within 50 days after the date of the acceptance of the application as complete for filing, unless the Planning Commission and the applicant mutually agree to extend such time limit. If, for any reason, the public hearing is continued, the presiding officer shall publicly announce the time and place to which the hearing will be continued, and no further notice shall be required.

(B) The action of the Planning Commission shall be by majority vote. The decision of the Planning Commission in granting or denying a variance shall be final upon the twenty-first day following its rendering. In granting a variance, the Planning Commission shall specify its findings and any terms and conditions upon which the granting of such variance is conditioned.

(1975 Code, § 9-2.1109) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

In granting any variance, the Planning Commission may prescribe such reasonable conditions and safeguards as are, in its opinion, necessary to secure the objectives of this chapter and the General Plan. Once any privilege is exercised in accordance with the variance, any and all other provisions shall become immediately operative and shall be complied with.

(1975 Code, § 9-2.1110) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The Planning Commission, after giving notice in the same manner and to the same persons as required by Section 153.963 of this chapter, on its own initiative or upon the request of the Planning Director, may hold a public hearing in which the Planning Commission may revoke or modify any variance issued for any one of the following reasons:

(A) That the original approval was based on false information submitted by the applicant; or

(B) That the terms, conditions, and safeguards prescribed by the Planning Commission in granting the variance are not being fulfilled by the responsible party.

(1975 Code, § 9-2.1111) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

The violation of any of the conditions imposed by the Planning Commission in granting any variance in whole or in part shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this chapter.

(1975 Code, § 9-2.1112) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

Following the denial or revocation of a variance, no application for a similar variance on the same site shall be filed within one year after the date of the denial or revocation of the variance, unless the denial or revocation is made without prejudice.

(1975 Code, § 9-2.1113) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)