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Planning-commission workshop clarifies variances, downtown exceptions and how to write findings
Summary
Attorney and staff led a training explaining legal differences between variances and downtown 'exceptions,' the role of findings in quasi-judicial decisions, and how commissioners should document reasons for permitting or denying projects under Ukiah's hybrid zoning code.
At its April 9 educational workshop the Ukiah City Planning Commission received an extended training on the legal differences between variances and the downtown zoning code’s "exceptions," and on how commissioners should craft findings when deciding permits.
Assistant City Attorney Darcy Vaughn explained that variances are "creatures of state law" and can be granted only when a property’s unique physical circumstances would otherwise deprive the owner of privileges enjoyed by neighboring properties under identical zoning. Vaughn said Ukiah’s zoning code defines variance as a "permit that grants a minor modification or variation of the strict application" of the zoning chapter but stressed that variances cannot be used to avoid zoning limits for purely economic reasons.
Nut graf: Commission staff and counsel told…
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