VARIANCES

Overview

A Variance is a procedure established by State Law and included in the Eureka Municipal Code whereby an applicant can request a deviation to vary fro the minimum development standards contained in the City’s Zoning Ordinance. This procedure is intended for cases where special or extraordinary circumstances exist which prevent compliance with the Zoning Ordinance requirements including, but not limited to:

1.      building setbacks

2.      building heights

3.      lot area

4.      building coverage

5.      parking

The purpose of a Variance is not to permit a use on the property, which is not normally permitted.  Rather, the intent is to provide for discretion and flexibility where strict interpretation of the development standard would result in a practical difficulty or unnecessary physical hardship in carrying out the purpose of the Zoning Ordinance.

How to Apply

Application materials are available at the Community Development Department, Third floor, City Hall. The department staff can assist you with the materials needed for a complete application packet. Once you have put together a complete application packet, return the materials to the department for processing.

The Application Review Process

Step 1: Application Acceptance/Department Review

Once your application has been accepted and fees collected, the department staff will perform a preliminary review of the application to determine if the application is complete. The Review will focus on the request in order to accurately describe your project in the public notice and to the decision maker. Should your application be found incomplete, you will receive a notice indicating what items must be submitted before processing can continue.

Step 2: Referrals

Once the application has been found complete, the assigned planner will send copies of your application materials to any other city department or public agency having interest in your project. Each agency or department is given a maximum time period in which to respond, if a response is not received within the requirements of the department or agency concerned.

Step 3: Staff Review and Reporting

Once all agency comments have been received and a site visit performed, staff will analyze the request and address the required variance findings. State law requires that in order for a variance to be granted, that findings need to be made that establish:

1. special physical circumstances exist,
2. the variance is necessary,
3. the variance will not be detrimental to public welfare or injurious to other property; and,
4. the variance does not constitute a special privilege.

Staff’s report, a copy of which will be sent to you, will address these findings and will present staff’s recommendation.

Step 4: Public Notice and Hearing

For those variances that require a hearing, a notice of public hearing before the City Planning Commission will be sent to you and all property owners within 100 feet of your property. The notice, which must be mailed at least 10 days prior to the hearing before the Planning Commission, will state the date, time and place for the public hearing.

The Planning Commission has the power to approve, approve with conditions, or deny most variance requests. The Commission will take into account all comments from you, City Staff, and the public before making their decision.

Step 5: Appeals

Administrative decisions may be appealed to the planning Commission by the applicant or any other person, provided that the appeal if filed with the Community Development Department within 15 calendar days of the decision. Appeals must be submitted in writing along with required fees.

Planning Commission decisions may be appealed to the City Council by the applicant or any other interested person, provided that the appeal is filed with the City Clerk within 10 calendar days of the decision. Appeals must be submitted in writing on forms provided by the City Clerk and be accompanied by the required fees (check with the Community Development Department or the City Clerk for information regarding fees or the appeal process). The City Council’s decision will be final.

Expiration of Permits

One your Variance request is effective, you have one year to obtain your building permit and to commence with construction.  If you believe that you will not be able to start construction prior to the Variance expiring, you may request a one time, one-year extension of the Variance. Please note that applications for extensions must be submitted before the expiration date, and may be granted only when the circumstances and conditions of the original approval have not changed.

How to Get Help

If you are having difficulties preparing your application, call or visit the Community Development Department and discuss your project with the department staff. If you are still confused over the application procedure, you may wish to hire a consultant; such as an engineer, land surveyor, or professional planner. A listing of qualified professionals is available in the yellow pages of the phone directory.