§ 17.12.310. Variance.

A.

Variances Based On Hardship. It is realized that there are certain parcels of land of such dimension, subject to such title restrictions, so affected by physical conditions and/or devoted to such use that it is impossible for the subdivider to conform to all of the rules of this chapter when subdividing property.

The planning commission may recommend to the city council the granting of a variance from the requirements of this chapter when all of the following conditions are found to apply:

1.

That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity;

2.

That, because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict literal application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity;

3.

That, under the circumstances of this particular case, the variance, rather than the sections at issue in this title, actually carries out the spirit and intent of this title.

B.

Exception Based on Improved Design. The standards required by this chapter may be varied when gross density of an area remains the same, and where, in the opinion of the planning commission (or on appeal the city council), said exception will:

1.

Reduce the area and unsightliness of cut and fill banks;

2.

Reduce the danger of erosion;

3.

Create better community environment through dedication of public areas, rearrangement of lot sizes, reforestation of barren areas;

4.

Use other techniques which will produce a more desirable and liveable community than the minimum requirements in this chapter.

As an incentive to creating better overall communities the planning commission may recommend exceptions of up to twenty percent reduction in lot size but with no increase in density in the overall development. Said planning commission may authorize similar deviations from other standards of this chapter where said deviations are for the purposes outlined above.

Before any variance based on improved design is recommended it shall be passed by not less than a two-thirds vote of the total membership of the planning commission, upon a finding that the variance, as recommended, will result in a community which is a substantial improvement over the community which could have been developed by following the actual requirements of this chapter.

(Ord. 43-62 §3.70, 1963).