Variance Procedures

• The property is unique compared to typical parcels due to its unusual size, shape, topography, location, surroundings, or other physical characteristics,
• Imposing the standard development requirements would create an unnecessary hardship on the owner,
• Denial of the variance would deprive the property owner of development rights enjoyed by other properties in the same zoning district, and
• Granting of the variance would not adversely impact other properties. You cannot justify your variance request based on issues of convenience, cost savings, personal needs or other reasons which don't relate to the characteristics of your property. Variances cannot be granted for increases in the number of allowable units on a residential property or to approve a use which is not allowed in the applicable zoning district.

HOW DO I APPLY FOR A VARIANCE?

Submit the following materials to the Planning Division at the Development Permit Center counter:

• A complete application form, signed by the applicant and the property owner
• A written expanation of the proposed use
• Appropriate Fees. These include the application fee and public notification fee (see the brochure "What Will My Fees Be?").
• Complete sets of plans: Six full-sized plans (24"x36") and 13 reduced plans (18"x24"). Included in your plans should be a site plan showing property lines, streets, setbacks, buildings, parking areas, and driveways
• A list of people who own property or reside within 300 feet of the boundaries of your property, and one stamped, addressed legal-sized envelope for each person, and an Affidavit of Notification form.

WHAT HAPPENS AFTER I APPLY?

A project planner will be assigned to your project. She/he will review your application and also refer it to various Departments (Public Works, Fire, Building, etc.) who may request that conditions be attached to the approval of your variance. Normally, the project planner will also visit the site. Once your application submittal is determined to be complete by City staff, your project planner will schedule your Variance for a public hearing before the Planning Commission. Notices of the hearing date will be mailed using the envelopes you have provided. At its hearing, the Planning Commission may approve, conditionally approve or deny your application.

CAN I APPEAL THE DECISION?

Yes you, or any interested member of the public, may appeal the Planning Commission's decision to the City Council. To do so you must file an appeal application and pay a $170 fee within 10 working days of the Planning Commission's action. Appeals are usually scheduled for a City Council hearing within 30 days. Decisions of the City Council are final.

HOW LONG DOES IT TAKE TO GET A VARIANCE?

Most variances are processed in 4 to 6 weeks. However, it varies depending upon the complexity of the proposal, its potential impact on surrounding properties, and the quality of the original application submittal.

HOW CAN I GIVE MY APPLICATION THE BEST CHANCE OF APPROVAL?

• Meet with Planning staff prior to submitting your application to learn about submittal requirements and issues to be addressed.
• Provide complete information when you submit your application.
• Respond quickly to staff requests for additional information or clarification.
• Let neighboring property or business owners know about your application before they receive the official notification from the City.

WHAT DO I DO AFTER I RECEIVE A VARIANCE?

You may need other permits, such as a building permit for new construction or building modifications. Check with your project planner and look at the "Notes to Applicant" contained in the Planning Commission staff report. Also, remember to comply with any "Conditions of Approval", which are listed in the staff report. Often these conditions must be met prior to building permit issuance. A Variance expires if it has not been used within 18 months of the approval date by beginning the construction which required the variance. If you need an extension, contact the Planning staff prior to the expiration date.