Title 17 SUBDIVISIONS*
Chapter 17.36 ADMINISTRATION
17.36.020 Variance-Hardship finding.
A. Where the city council finds that extraordinary hardships
or practical difficulties may result from strict compliance with this title,
and/or the purpose of this title may be served to a greater extent by an
alternative proposal, it may approve variances from this title. Such variances
shall not have the effect of nullifying the intent and purpose of this title,
and the city council shall not approve variances unless it makes findings based
upon the evidence in each specific case that:
1. The granting of such variance(s) will not be detrimental
to the public health, safety or general welfare or injurious to other adjoining
properties;
2. The conditions on which the request for a variance(s) is
based are unique to the property on which the variance is sought and are not
applicable generally to other property;
3. Because of the particular physical surroundings, shape, or
topographical conditions of the specific property involved, a particular
hardship to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of this title is enforced;
4. The variance(s) will not cause a substantial increase in
public costs; and
5. The variance(s) will not, in any manner, vary the
provisions of any adopted zoning regulations, or the master plan.
B. An innovative energy-saving proposal which does not
circumvent the purpose of this title may be reason for granting of the variance
by the city council. The proposal shall include documentation of the energy
savings. (Ord. 588 § 1(part), 1996)