Variances

A Variance permits exceptions to zoning rules. It is a special request to waive or alter the normal requirement of a zoning district. Variances may be obtained for building setback, height, or coverage restrictions. Variances may not be granted for density or intensity increase. A Variance may only be granted when special circumstances are found which justify the waiving or the normal standards. The following three findings must be made before a Variance can be granted.

  1. A hardship due to the parcel (e.g., size, shape, topography or location) exists with this property.
  2. Such a Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the area and would not constitute a special privilege to the recipient not enjoyed by neighbors.
  3. Authorizing this Variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this ordinance or the public interest.

A Variance requires approval by the Zoning Administrator or Planning Commission at a public hearing in which all adjacent property owners within 300 feet received mailed notices. A Variance takes an average of one month from receipt of a complete application to action. The action of the Zoning Administrator may be appealed to the Planning Commission and from the Planning Commission to the City Council.

For further information on Variances, see CHAPTER 38 Article 22, Use Permits; Variances  of the Zoning Ordinance. (READ DISCLAIMER)

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Rev. 02/25/08 -C. Raynor -  http://www.monterey.org/commdevelop/planning/variance.html