11-15-2010 Planning Commission Packet

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; . , To: Chair Kang and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planning & Zoning Coordinato Date: 9 November 2010 Subject: #10-3492—Amend City Code Section 78-128 Public Hearing Application Summary: The City is proposing an amendment to City Code Section 78- 128 re ardin variance ex iration. Staff Recommendation; Planning Department Staff recommends approval of the ro osed amendment. Pertinent Zoning Ordinance Sections Sec. 78-128. Expirafion. Variances shall expire one year after the date of council approval if not used. Any change in use of the property shall require a new variance. List of Exhibits Exhibit A. Draft Ordinance Summary Currently, a zoning code variance is valid for one year from date of Council approval. The variance must be acted on — in most cases by obtaining a building permit — within 12 months of approval or it will expire. If an applicant is not able to use the variance within the 12 months the City has historically processed a new application as a variance renewal. These variance renewals have typically been approved on the consent agenda. A variance renewal request with considerable changes to the proposed plan would be processed as a new variance altogether. The 2010 Krummenacher Supreme Court ruling has resulted in the City reviewing a number of our codes and processes. Technically a variance renewal is a new variance approval and it may not pass the Krummenacher "test". Therefore, in order to allow a property owner to use a previously granted variance City staff is proposing an amendment to the zoning ordinance which would allow for an extension of a variance approval. The proposed amendment would allow City Staff to grant a 12-month extension of an existing variance as long as the request to do so is made at least 60-days before its expiration. Further the Council may grant an additional 12-month extension provided the request is made 60 days prior to the expiration. Issues for Consideration Does the Planning Commission feel there are any unidentified issues with adopting the ordinance amendment? _ Staff Recommendation Planning Staff recommends approval of the language as proposed.