Municipal Code, Complete - City of Santa Barbara

Chapter 28.84
VARIANCES FOR STREET WIDENING SETBACK LINES
Sections:
28.84.003 Variance by Resolution Authorized.
28.84.010 Basis for Allowing Variances.
28.84.013 Prerequisites to Granting Variance.
28.84.025 Council's Decision to be Final.
28.84.033 Petition to State Grounds for
Variance.
28.84.003 Variance by Resolution Authorized.
28.84.073 Resolution to be Entered in
Minutes.
28.84.142 Compliance.
Where there is need to allow variance to avoid unreasonable practical difficulties or unreasonable and unnecessary
hardships resulting or arising from any setback line established by ordinance in the City, the City Council upon its
own motion or upon verified petition, filed with the Clerk of the City Council, of any property owner whose property
is directly affected by such setback line, shall have power to allow by its resolution upon such reasonable terms and
conditions as the City Council may deem proper and under the circumstances and subject to the conditions and
provisions hereinafter specified, variance from the restrictions and prohibitions of any such setback line. (Ord. 3769,
1975; Ord. 3710, 1974; Ord. 2585, 1957; Ord. 2062 §1, 1946.)
28.84.010 Basis for Allowing Variances.
Variance shall be allowed and permitted under this chapter only in consonance with the general purpose and
objective of whatever setback line may be involved; and, only in such instances and only to such extent that the
public welfare, safety and convenience shall be duly secured, with substantial justice done with respect to all
concerned. (Ord. 3769, 1975; Ord. 3710, 1974; Ord. 2585, 1957; Ord. 2062, §3, 1946.)
28.84.013 Prerequisites to Granting Variance.
Moreover, variance shall be authorized under this chapter upon the following additional provisions and
conditions:
(1) That whatever improvements may be constructed, erected or made pursuant to any variance authorized under
this chapter shall be and must be wholly removed in the event of any future public acquisition by condemnation of the
real property whereon such improvements may be constructed, erected or made at the sole expense of the property
owner to whom leave for such variance was granted the owner of the property at the time of the condemnation by the
City.
(2) That variance shall be allowed by the City Council only upon the filing with the Clerk of the City of a written
agreement and undertaking signed and acknowledged by the property owner involved and by its term binding the
property owner or whoever shall be the owner of the property involved at the time of any future condemnation such
as that abovementioned, to wholly remove whatever improvements may be constructed, erected or made under or
pursuant to the leave granted under this ordinance, which removal shall be at the sole cost and expense of the property
owner.
(3) That variance shall be allowed under this chapter only upon the further express condition and provision that
if the property owner signing the aforementioned written agreement and undertaking any other owner of such
property at the time of condemnation thereof shall fail to wholly remove all improvements constructed, erected or
made under this chapter, the same may be removed by the City if it acquires by condemnation the land involved as
contemplated by this chapter, at the sole expense of such property owner or owners.
(4) That variance shall be authorized under this chapter only upon the express provision and condition of the
property owner or owners involved evidenced as above stated and expressly waiving and renouncing any and all right
or claim to damages or compensation in favor of any such property owner or owners involved or otherwise arising by
reason of the severance of any improvement constructed, erected or made under this chapter from any other or
remaining improvement or by reason of the removal of any such improvement constructed, erected or made pursuant
to leave authorized by this chapter, if the City acquires the land involved by condemnation.
(5) That variance shall be authorized by the City Council under this chapter by resolution of the City Council
setting forth the written findings of fact required by Subsection "A" next following:
Subsection "A": In order to justify any variance under the provisions of this chapter, the three (3) following
qualifications must be shown relative to the property involved in the application for such variance; and, the City
Council's resolution of approval in connection with any such applications must contain written findings of fact
showing wherein the property involved meets the three (3) following qualifications:
536 rev. 9/30/08