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VARIANCE FACT SHEET A Variance may be granted to vary or modify the str ict application of the regulations or provisions contained in the Marin County Developmen t Code in cases in which there are practical difficulties or unnecessary hardships in the way of such strict application. However, Variances cannot be granted for relief from use lim itations, minimum lot size requirements, and density requirements. Specifically, Variances provi de relief from standards relating to principal building height, floor area ratio, and setbacks fro m property lines. Variance applications are processed administrativel y. However, where significant policy questions are at issue, the application may require a public hearing before the Planning Commission. The mandatory findings to approve a Var iance are described in further detail below. MANDATORY FINDINGS The decision to approve or deny a Variance applicat ion must be based on findings established by Section 22.54.050 of the Marin County Code in co mpliance with California State law (Government Code Section 65906). The findings, desc ribed in further detail below, cannot be made if a reasonable alternative project design wou ld satisfy these concerns without requiring a Variance. The Review Authority may approve a Variance applica tion, with or without conditions, only if all of the following findings can be made A. There are special circumstances applicable to subject property (e.g. location, shape, size, surroundings, or topography), so that the strict ap plication of this Development Code denies the property owner privileges enjoyed by oth er owners in the vicinity and under identical zoning districts. B. That granting the Variance does not allow a us e or activity which is not otherwise expressly authorized by the regulations governing t he subject parcel. C. That granting the Variance does not result in special privileges inconsistent with the limitations upon other properties in the vicinity a nd zoning district in which the property is located. D. That granting the Variance will not be detrime ntal to the public interest, health, safety, convenience, or welfare of the County, or injurious to the property or improvements in the vicinity and zoning district in which the property is located. Discussion regarding Variance limitations Variances are limited to those situations where the peculiar physical characteristics of a site make it difficult to develop under standard regulat ions. A variance is granted in order to bring the disadvantaged property up to the level of use e njoyed by nearby properties located in the
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