Sec. 33-43. Variances based on hardship.
There may be certain parcels of land of such dimensions, or which are subject to such title restrictions, or are so affected by physical conditions or devoted to such uses, or planned developments that it is impossible or in some cases undesirable for the subdivider to conform to all of the requirements of this Chapter and related regulations when subdividing property.
The Planning Commission may grant deviations from the foregoing requirements when all the following conditions are found to apply:
a.That any deviation granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity.
b.That because of special circumstances applicable to the subject property, including size, shape, topography, location, surroundings or unusual title limitations of record, or applicable to particular densities or features of a planned community, the strict literal application of this Chapter is found to be unreasonable or undesirable.
c.That under the circumstances of this particular case, the deviation, rather than the Sections at issue in this Chapter, actually carries out the spirit and intent of this Chapter and the goals and policies of the General Plan for the City of Monterey.
d.That adequate guarantees shall be provided to ensure that any conditions imposed as a part of any approved deviation shall be carried out as specified.
Provided, however, that no such deviation may be granted by the Planning Commission if such is in conflict with the Zoning Ordinance, Building, Fire or other such Uniform Codes or ordinances unless and until such variances or exceptions as are provided for therein have been approved under the procedures established by such Codes or ordinances. (Ord. 3429 § 1, 2009)