The purpose of the variance is to bring a particular parcel up
to parity with other property in the same zone and vicinity insofar
as a reasonable use is concerned, and it is not to grant any special
privilege or concession not enjoyed by other properties in the same
zone and vicinity.
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
located.
Pre-Application Meeting: It is recommended that the applicant
request Pre-Application Review by Development Services
Staff prior to submittal of the formal application. This will allow
staff to review the request and provide input to the applicant on
potential environmental concerns, zoning and engineering requirements,
and specific traffic, site planning, landscaping, and building design
criteria. The early review and input by staff should save the applicant
processing time and expensive plan revisions later in the process. To schedule a pre-application meeting, call 619-585-5621.
Application: The applicant must complete a Development
Processing Application Form (pdf). The completed form must be filed
with the Planning Division and must be accompanied by the required
fee,
maps and attachments. Refer to the Variance
Checklist (pdf) for complete submittal requirements.
Initial Review: Processing times vary depending upon the
completeness of the information submitted, additional studies and/or
information needed to address staff questions, environmental review
status and the complexity of the project. Generally, however, 3-4
weeks after the Variance package has been filed, the applicant will
be notified by staff of additional documentation needed for review
and preliminary comments. Following this evaluation, final plans
and exhibits will be prepared by the applicant for action by the
Zoning Administrator (ZA) or the Planning Commission (PC) . Staff
will then review the final plans set the matter for public hearing
and prepare a staff report and recommendation to the PC, or, a Notice
of Decision (NOD) to the applicant in the case of ZA action. The
project planner will discuss the contents of the draft staff report
or NOD with the applicant prior to it being finalized and issued.
Decision Making: Depending on the type of project, its impacts or
how controversial it is, the Zoning Administrator may be able to
make the decision. In other cases, the project must be heard by
the Planning Commission.
Required Findings: The Planning Commission or the Zoning
Administrator can only grant a Variance if the Planning Commission
or Zoning Administrator finds from the evidence presented that all
of the following facts exist:
-
That a hardship peculiar to the property and not created by
any act of the owner exists. Said hardship may include practical
difficulties in developing the property for the needs of the owner
consistent with the regulations of the zone; but in this context,
personal, family or financial difficulties, loss of prospective
profits, and neighboring violations are not hardships justifying
a variance. Further, a previous variance can never have set a
precedent, for each case must be considered only on its individual
merits;
-
That such a variance is necessary for the preservation and enjoyment
of substantial property rights possessed by other properties in
the same zoning district and in the same vicinity , and that a
variance if granted, would not constitute a special privilege
of the recipient not enjoyed by his neighbors;
-
That the authorizing of such an variance will not be of substantial
detriment to adjacent property and will not materially impair
the purposes of this chapter or the public interest;
-
That the authorizing of such variance will not adversely affect
the general plan of the city or the adopted plan of any governmental
agency.
Zoning Administrator Decision:
Generally, unless otherwise determined by the Zoning Administrator
, the following types of applications will be reviewed by the Zoning
Administrator and will not require a public hearing:
- The modification of a setback or development control (i.e. lot
coverage)
- Wall/Fence height variance under 20% of requirement of zone
In the event no objections or protests are received, the Zoning
Administrator (ZA) will approve, conditionally approve or deny the
request in approximately 2 to 3 weeks after an application has been
deemed complete and if environmental review is
not required. In the event objections or protests are received,
the zoning administrator shall set the matter for public hearing.
At the ZA's discretion, the matter may be referred to Planning Commission
or a more informal Zoning Administrator Hearing may be held.
Planning Commission Decision:
The Planning Commission will conduct a public hearing after a complete
Variance application or appeal has been filed. The applicant will
be notified of the date of public hearing. The applicant or authorized
representative must be present at the hearing.
After conducting a public hearing, during which time the applicant
and other interested parties may speak, the Planning Commission
may approve, conditionally approve or deny the request.
Appeals of Decisions:
The applicant, or any interested party, may appeal most decisions
of the ZA or PC within 10 days after the decision is rendered. Appeals
from the ZA are directed to the Planning Commission, and appeals
from the Planning Commission are directed to the City Council.
Appeals will be scheduled for the earliest available hearing date,
which will normally be within 3-4 weeks from the date the appeal
is filed. Contact planning staff regarding procedures for filing
an appeal.
