Fillable Variance-App-2018 Fillable CITY OF HOOD RIVER

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Variance-App-2018 Fillable CITY OF HOOD RIVER

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CITY OF HOOD RIVER
LAND USE APPLICATION INSTRUCTIONS
& TIMELINE
1. Review Required: The attached application is required by the Hood River Municipal Code
(“Code”) for review of your proposed development. Review is required to make sure that your
proposal complies with the applicable provisions of the Code and that there are adequate
capacities of public facilities to meet the needs of your development.
2. Pre-Application Conference: Prior to submitting your application, you may be required to attend
a pre-application conference with city staff to discuss applicable standards and criteria of the
Code, and submittal requirements to make your application complete. Pre-application
conferences typically are scheduled approximately 4 weeks after submittal of an application and
fee. You also may be required to conduct a neighborhood meeting (mandatory for subdivisions
and PUDs).
3. Application Submittal: Applications may be mailed or submitted in person to the City of Hood
River Planning Department at City Hall, 211 2
nd
Street, Hood River, OR 97031. The following
must be included in your application packet:
• Completed application form with property owner signature
• All required materials listed in the application form
• Application fee
• Electronic copy of application materials (original .pdf, not scanned) and three (3)
paper copies of application and all support materials
It is the applicant’s responsibility to demonstrate the proposal meets standards & approval criteria.
4. Completeness Review (≤ 30 days): Upon submittal, your application will be reviewed for
completeness within 30 days. Completeness is based upon the requirements of State law (ORS
227.178) and the requirements in the Code for your development proposal. It is the applicant’s
responsibility to provide written findings and materials to demonstrate the application complies
with the applicable approval criteria and standards.
5. Incomplete Applications (> 30 days): If the Planning Department determines that your
application is “incomplete,” you will be informed in writing and provided with a list of missing or
incomplete materials and options for completing the application. Refusal to submit all or some of
the missing information could limit the city’s ability to approve your application. Incomplete
applications become void 181 days after submittal (ORS 227.178).
6. Complete Applications: If the Planning Department staff determines that an application is
“complete,” you will be informed in writing and the review process will begin.
7. Review Process (≤ 120 days): Review of your application may be administrative, with no public
hearing, or it may be quasi-judicial, with a public hearing. For quasi-judicial review, applicants
are required to attend the public hearing. Notice of the application or public hearing will be
mailed to neighboring property owners for comment.
8. Decision: A decision with findings and conditions of approval will be issued after a public
comment period and public hearing (if applicable). All land use decisions are subject to an
appeal process. A final decision is expected within 120 days after an application is deemed
complete pursuant to ORS 227.178.
If you have questions about this process, please call the Planning Department at (541) 387-5210.
Application forms, the City’s Code and other useful information are available at the Planning
Department’s website: http://ci.hood-river.or.us/planning
File No.: ______________________
Fee: _________________________
Date Submitted: ________________
CITY OF HOOD RIVER
VARIANCE APPLICATION
Submit the completed application form with three (3) paper copies of all application materials
including full- and reduced sized plans and written analysis, one electronic copy (original
.pdf) and appropriate fees to the City of Hood River Planning Department, 211 2
nd
St., Hood
River, OR 97031. Additional paper copies may be required as determined by staff. If you have
any questions, please contact the Planning Department at (541) 387-5210.
APPLICANT:
Name:
Address:
(physical)
(mailing)
(email)
Telephone:
Cell Phone:
Signature:
PARCEL OWNER: (if different than applicant)
Name:
Address:
(mailing)
Telephone:
Cell Phone:
Signature:
*Authorization of parcel owner required.
PARCEL INFORMATION:
Township
Range
Section
Tax Lot(s)
Current Zoning:
Parcel Size:
Property Location (cross streets or address):
REQUEST:
Type of: Interpretation Administrative relief Dimensional variance Inability to use land
Variance
Brief Explanation of Request:
REQUIRED WRITTEN ANALYSIS: (See Next Page)
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WRITTEN ANALYSIS REQUIRED:
On a separate sheet of paper, please provide a detailed analysis demonstrating how
your proposal addresses each of the applicable approved criteria. Each of the four
criteria (in bold below) must be satisfied. Please refer to the attached variance
standard 17.18.
1. There are unique or unusual circumstances which apply to the site
which do not typically apply elsewhere.
Examples of unique or unusual circumstances include, but are not limited to:
extreme narrowness or shallowness, irregular shape, unusual topographical
characteristics (e.g. wetlands, flood plains, ravines), unusual development on
adjacent property. Note: while support by owners of neighboring properties is
taken into consideration, neighbor support is not sufficient in itself to warrant
granting a variance.
2. The proposal’s benefits will be greater than any negative impacts on
the development of the adjacent lawful uses; and will further the
purpose and intent of this title and the Comprehensive Plan of the
City.
Economic gain or benefit to the applicant or financial savings in construction
costs are not sufficient causes to grant a variance. Explain how this application is
consistent with and does not violate other provisions of Title 17 or the City’s
Comprehensive Plan. Explain how the nature of your property does not allow you
to do what other property owners in the same zoning district are rightfully able to do.
3. The circumstances or conditions have not been willfully or purposely
self-imposed.
Examples of self-imposed circumstances or conditions include, but are not limited
to: purchasing nonconforming property, the effects of a previously granted
variance, previous placement/construction of structures on the property which now
hinder future construction plans.
4. The variance requested is the minimum variance which would
alleviate the hardship. Provide an explanation indicating what
measures you have explored as possible alternatives to the variance.
Approval will be granted only for the minimum variance necessary to provide relief
and only if it is determined that the applicant can not make legal use of the parcel
without a variance and all other options have been explored and ruled out or
exhausted. “For the convenience of the applicant” is not sufficient grounds to grant
a variance.
CHAPTER 17.18 VARIANCES
Legislative History: Ord. 1774 (1999);
SECTIONS:
17.18.010 Purpose
17.18.020 Procedure
17.18.030 Criteria for Granting a Variance
17.18.040 Time Limits
17.18.050 Limitations of Reapplication
17.18.010 Purpose
Where physical difficulties, unnecessary hardship, and results inconsistent with the general purpose of this
Title may result from the strict applications of certain provisions thereof, a variance may be granted as
provided in this Chapter. This Chapter may not be used to allow a use that is not in conformity with the
uses specified by this Title for the zone in which the land is located. In granting a variance, the City may
impose conditions similar to those provided for conditional uses to protect the best interests of the
surrounding property and property owners, the neighborhood, or the City as a whole.
17.18.020 Procedure
The procedure for taking action in a variance application shall be as follows:
1. The property owner may initiate a request for a variance by filing an application with the
Planning Director. The applicant shall submit a complete application as specified in the
Application and Plan Requirements (Section 17.06.020).
2. The application shall include a statement and evidence showing that all of the criteria in
Section 17.18.030 are met.
3. Before the Planning Commission may act on a variance application, it shall hold a public
hearing following procedures established in Review Procedures: Quasi-Judicial Actions
(Section 17.09.040).
17.18.030 Criteria for Granting a Variance
A variance may be granted if it meets all of the following criteria:
1. There are unique or unusual circumstances which apply to the site which do not typically
apply elsewhere.
2. The proposal’s benefits will be greater than any negative impacts on the development of the
adjacent lawful uses; and will further the purpose and intent of this title and the
Comprehensive Plan of the City.
3. The circumstances or conditions have not been willfully or purposely self-imposed.
4. The variance requested is the minimum variance which would alleviate the hardship.
17.18.040 Time Limits
A variance is valid for a period of two (2) years from the written Notice of Decision, or the decision on an
appeal, whichever is later.
A single one (1) year extension may be granted by the Director prior to the expiration date if the applicant
can demonstrate that circumstance or conditions, not known or foreseeable at the time of original
application, warrant an extension of the permit. The extension request must be received by the department
no later than thirty (30) days prior to the expiration of the permit.
17.18.050 Limitations of Re-application
No reapplication of a property owner for a variance shall be considered by the Planning Commission within
a six (6) months period immediately following a previous denial of such request.
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Variance-App-2018 Fillable CITY OF HOOD RIVER

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Completed 4 November 2019

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