VARIANCE/WAIVER - FORMS & INFORMATION
A variance is an allowance for deviation from the applicable zoning provisions, granted in a situation where special circumstances relating to the property prevent that particular property from being used in the same manner as other property under similar zoning. Such circumstances include the size, shape, topography, location or surroundings of the subject property.
The variance may only be granted when the adjustment does not constitute a grant of special privileges inconsistent with the limitations upon other property in the vicinity and under the same zoning as the subject property. The Planning Commission must make findings that justify the variance and indicate the evidence upon which the findings are based.
A Waiver is a request for deviation from normal requirements for the installation of City street improvements. There are two types:
- A Waiver to omit installation of curb, gutter, or sidewalk may be granted by the Planning Commission where it can be found that a hardship exists, as in a case where a home is being reconstructed after a fire. Such a waiver may be approved with the condition to post a bond for the amount of the improvements, or to pay in-lieu fees for installation of street improvements elsewhere.
- A Waiver involving deviation from the adopted City standards for the design of curbs, gutters, or sidewalks may be approved by the City Council. For example, such a waiver would be necessary to bulb out the sidewalk or curb and gutter to avoid removal of an oak tree within the right-of-way, or in a situation where site topography better accommodates an attached sidewalk where a detached sidewalk is called for.