Variations - Zoning Ordinance, Section 38-23, 12

CHAPTER 38 Article 5 Residential Districts - Section 38-23 (12),
of the Zoning Ordinance  (READ DISCLAIMER)

Variations to Setback Standards: Setbacks shall be as set forth in Section 38-23 (D)(1); however, the Architectural Review Committee may minimally vary any setback to achieve an improved relationship between the new construction and structures on adjacent lots and those in the immediate neighborhood. No variation to the standards shall be approved until notice is given to all adjoining owners and the owners across the street.

Variations in setback shall only be granted upon finding that the variation will not compromise privacy expectations on adjacent properties beyond those incurred by adherence to standard setbacks and that the variation is minimal and necessary to achieve conformity with one or more of the following:

  1. Adopted Neighborhood Compatibility Design Guidelines;

  2. Design considerations contained in subsection 4 of Substandard Residential Lots;

  3. Planning Commission and Architectural Review Committee adopted View Impact policies; and

  4. Architectural Review Committee adopted Tree Protection Standards.

All decisions of the Architectural Review Committee that grant a setback variation shall be accompanied by the specific findings that support the decision. All decisions of the Architectural Review Committee may be appealed to the Planning Commission under provision of Article 27.

If a variation is granted by the Architectural Review Committee, it supersedes the need for a Variance. Variations to setback standards that are not reviewed by the Architectural Review Committee or do not conform with these standards shall be reviewed in accordance with the provisions of Article 22. (Ord. 3256 § 1, 1999).  (READ DISCLAIMER)

 

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