Step 1 - Applicant Consideration of Project.
Early in the
consideration of a project, the Zoning Ordinance should be
carefully reviewed to see if all regulations are met.
Nevertheless, the need for a variance is often discovered
when an application is made for a building permit or other
City approval. The applicant should thoroughly investigate
alternatives to see if there is any way to accomplish the
purpose of the project without requiring a variance.
Step 2 - Pre-Application Conference.
Prior to submitting a
formal application, the applicant is advised to make an
appointment with a member of the Planning or Zoning staff to
discuss the feasibility of the request as well as any
possible alternatives that may eliminate the need for a
variance or improve the chance of a variance being granted.
In addition, staff and applicant can review the required
data and procedures to be followed through the process.
Step 3 - Filing of Application.
The applicant should submit
the completed application, filing fee, and other required
information to the Planning or Zoning staff. This
application should be submitted at the same time as any
other applications for a project. A staff planner will be
assigned to review the material to make sure all the
required information is provided. The applicant will be
notified within 30 days after filing as to whether the
application is complete or what additional information is
required.
Step 4 - Design Review Board Approval.
The Design Review
Board will study the request by reviewing the size, shape,
topography, location, and surroundings of the site under
consideration. In addition, the Board will consider similar
proposals in the area as well as make an investigation of
the site. There are five mandatory findings that must be
made by the Design Review Board. These findings are set
forth in Section 25.05.025 of the Municipal Code.
The Design Review Board is required to hold at least one
public hearing on the variance application. At least ten
days prior to the meeting, owners of property within 300
feet of the subject site will be notified by mail of the
forthcoming hearing, and a notice of the public hearing will
be posted at City Hall and in the local newspaper.
At the hearing, staff will first present an oral report
describing the requested variance. This presentation will be
followed by testimony from the applicant and then by any
interested persons who may wish to comment on the
application. The Design Review Board may then close the
hearing and make a decision approving or conditionally
approving the request, denying the request, postponing the
decision to a later date, or the Board may keep the public
hearing open and continue it to a specified time, date and
place.
The Design Review Board's decision is final, unless an
appeal is filed as described below.
A variance shall lapse and become void two years following
the effective date of approval unless a shorter approval
period is specified for the project or unless: (1) a
building permit is issued and construction is begun and
diligently prosecuted to completion; or, (2) a reasonable
extension of time is granted by the Design Review Board in
addition to the 2 years initially provided. Such time
extension shall be requested in writing by the applicant or
authorized agent prior to the expiration of the variance.
