November 18, 2018

What considerations affect the outcome of a zone variance or modification applicationn?

In order for Staff to recommend approval of a modification or variance, certain findings are required. Because a variance allows greater deviation from the requirements, the following findings must be made and may be difficult to justify:

* Special circumstances exist applicable to the subject property, including size, shape, topography, location, or surroundings, such that the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and in the same zone district or districts.

* The granting of the variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is located.

* The granting of the variance will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.

If these findings cannot be back up by documentation, photographs, or other acceptable means of evidence, staff will have difficulty supporting the request, and staff will express this concern to the applicant as soon as possible.

Staff is available to answer any questions that you may have regarding the variance and/or modification process. If further assistance is necessary, please call (661) 862-8600 and ask for “zoning information.”

(FORM212.PDS 3/11)