8.8.A Variance | Sedona Land Development Code

A. Variance

The variance procedure is intended to provide limited relief from the requirements of this Code where strict application of the Code would result in exceptional practical difficulty or undue hardship preventing the use of the land as otherwise allowed by the Code. The variance procedure is not intended to allow a use in a zoning district where it is not currently permitted, or to alleviate inconveniences or financial burdens imposed on landowners.

a. Any property owner seeking relief from this Code may request a variance when the strict application of the Code would result in an undue hardship.

b. Variances may be granted from the regulations of all articles of this Code, with the exception of Section 5.3, Grading and Drainage, and Article 7: Subdivision.

Figure 8-16 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of variances. Additions or modifications to the common review procedures are noted below.

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

The variance application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling. A single application may include requests for variances from more than one regulation applicable to the same site, or for similar variances on two or more adjacent sites with similar characteristics.

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

The variance application shall be scheduled for a public hearing before the Board of Adjustment and noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

1. The Board shall hold a public hearing on an application for a variance. At a public hearing, the Board shall review the application, statements and drawings submitted and shall receive public comments and pertinent evidence concerning the variance, particularly with respect to the findings in Section 8.8.A(4).

2. Within 21 days following the close of the public hearing on a variance application, the Board shall act on the application.

i. The Board may grant a variance as the variance was applied for or in a modified form or the application may be denied.

ii. A variance may be revocable, may be granted for a limited time period, or may be granted subject to conditions the Board may prescribe.

iii. Upon failure to act within the prescribed 21-day period, the Board shall lose jurisdiction and the request shall be deemed denied. An appeal may be taken to the Superior Court, as prescribed by state law.

iv. Any proposed revisions or changes to an approved variance application shall be submitted in the same manner and subject to the same approval process as the original review.

3. The Board’s decision shall be based only on the record of the public hearing and shall be reduced to writing; include findings of fact based on competent, material, and substantial evidence presented at the hearing; reflect the determination of contested facts; and state how the findings support compliance with applicable review standards.

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modification:

A variance permit shall expire and may be considered for revocation following one year of inactivity, as defined in Section 8.3.H(3), Expiration and Revocation of Approval.

The Board of Adjustment may approve a variance upon making all of the following findings:

a. The variance requested does not constitute a special privilege inconsistent with limitations on other properties classified in the same zoning district.

b. The strict application of the Code standards for which a variance is sought would produce undue hardship not related to purposes of convenience or financial burden.

c. The applicant did not create the hardship by their own actions.

d. The variance requested does not harm the public and does not impair the intent or purposes of this Code, goals, and policies, including the specific regulation for which the variance is sought.

e. The variance request will not violate building or fire code requirements or create a safety hazard.

f. The requested variance is the minimum relief necessary from the subject standards of the Code.

g. The variance is warranted for one or more of the following reasons:

1. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district.

2. The variance furthers the goals of the Sedona Community Plan and/or other adopted plans.

3. The subject property has an exceptional shape, topography, building configuration or other exceptional site condition that is not a general condition throughout the zoning district.

4. The variance is of a technical nature and is required to protect a sensitive resource, natural feature, or community asset. [Ord. 2020-04 § 1, 9-8-20 (Res. 2020-16)].