16.32.010 - Conditions for variances—Application.
The town council may authorize such a variance from the terms of this title as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement of the provisions of the terms of this title will work a special
hardship upon the applicant; however, such variance shall not be granted by the town council unless and until a written application,
duly advertised, is submitted demonstrating all of the following:
A. That the variance is necessary because of special conditions and circumstances relating to the size, shape, topography, location
or surroundings of the subject property (land involved), and such variance will provide use rights and privileges permitted
to other properties in the vicinity, located in the same zone as the subject property, and developed under the same land use
regulations as the subject property requesting the variance;
B. That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other
properties in the same area under the terms of this title;
C. That the special conditions and circumstances do not result from the actions of the applicant;
D. That the special hardship is not self-inflicted;
E. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this title
to other lands in the same area;
F. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or
improvements in the vicinity and zone in which the subject property (land) is located;
G. That financial gain is not the ground or grounds for this variance;
H. That the variance is in harmony with the intent and purpose of the comprehensive plan, other relevant town titles or this
title; and
I. The variance granted is the minimum amount necessary to comply with the approval criteria listed above, and the minimum necessary
to accommodate the permitted uses proposed by the application; in addition, the scale of the use shall be reduced as necessary
to meet this requirement.
(Ord. 620 § 6, 2006; Ord. 496 § 12.0 (part), 1999: Ord. 462 § 12.0 (part), 1998)
16.32.020 - Public hearing.
The planning commission shall hold an open record public hearing to consider the matter in accordance with the procedures
and standards for conducting an open record public hearing. The variance request shall be considered concurrently with the
preliminary plat or binding site plan during the open record public hearing. If the variance requested is from short plat
provisions, then the variance shall be decided before the planning commission issues its decision on the short plat. An open
record public hearing shall be held before the planning commission in this situation as well.
(Ord. 496 § 12.0(b), 1999: Ord. 462 § 12.0(b), 1998)
16.32.030 - Council decision—Appeal.
A. The town council, after receipt of the planning commission's recommendations for approval or disapproval of the variance and
approval or disapproval of the preliminary plat or binding site plan, shall at its next regularly scheduled meeting schedule
a closed record public hearing to consider the planning commission's recommendations and make its decision whether to grant
the variance or deny it and whether to approve, approve with conditions or deny the preliminary plat or binding site plan.
In the case of a variance from short plat provisions, the town council shall also schedule and conduct a closed record hearing.
B. In granting variances and modifications, the town council may require such conditions as will, in its judgment, substantially
secure the objectives of the standards or requirements so varied or modified; and
C. A final determination by the town council on a variance application may be appealed to superior court.
(Ord. 496 §§ 12.0(c)—(e), 1999: Ord. 462 §§ 12.0(c)—(e), 1998)