Grass Valley Variance Hardship and Special Circumstances

Under the Grass Valley Development Code, a "hardship" for the purposes of a variance is defined by special circumstances inherent to a property—such as unique topography, shape, size, or location—that would deprive the owner of privileges enjoyed by neighboring properties in the same zone if code standards were strictly applied [Section 17.72.070.A]. Approved variances must not constitute a grant of special privilege and cannot authorize land uses that are otherwise prohibited within a specific Grass Valley zoning district [Section 17.72.070.F].

Defining Hardship through Special Circumstances

In Grass Valley, a variance is not a tool to grant special favors, but a corrective measure for properties with physical constraints that make standard compliance unfairly burdensome. The Grass Valley Development Code specifies that "hardship" is established through "special circumstances" applicable to the property [Section 17.72.070.A]. These circumstances include:

Physical Features: The location, shape, size, or surroundings of the parcel.
Topography: Steep slopes or unusual ground configurations that impede standard development.
Deprivation of Privileges: The strict application of the Grass Valley Development Code must be shown to deny the property owner privileges enjoyed by other property owners in the vicinity and within the same zone [Section 17.72.070.F].

Required Findings for Variance Approval

For the Grass Valley Planning Commission or the Community Development Director to approve a variance, they must make specific factual findings. These findings ensure the variance is legally justified and consistent with the Grass Valley General Plan [Section 17.72.070.F].

Existence of Special Circumstances: Factual evidence must show that the property’s physical nature (size, shape, topography, etc.) creates a unique difficulty [Section 17.72.070.F.1.a].
No Special Privilege: The variance must not grant the applicant rights or development potential that are not available to other properties in the same Grass Valley zoning district [Section 17.72.070.F.1.b].
Authorized Uses Only: A variance cannot be used to permit a land use that is not already allowed in that zone; for example, one cannot obtain a variance to open a business in a residential zone where that business is not a listed use [Section 17.72.070.F.1.c].
Consistency with General Plan: The decision to grant the variance must remain consistent with the broader goals of the Grass Valley General Plan [Section 17.10.030.B].

Allowable Minor Variance Adjustments

For less significant deviations from the Grass Valley Development Code, the Community Development Director may grant a "Minor Variance." These are limited to specific percentage-based adjustments of established standards to resolve minor hardships [Section 17.72.070.C].

Table 7-3: Grass Valley Minor Variance Adjustment Limits

Types of Minor Variances Allowed	Maximum Adjustment
Distance between structures (on the same parcel)	15 percent
Fence or walls in side and rear setbacks (exceeding 6ft)	8 feet maximum
Floor area ratio (increase)	15 percent
Open space requirements (decrease)	20 percent
Parcel area or size (decrease)	10 percent
Parcel coverage (increase)	15 percent
Parcel width dimensions (decrease)	10 percent
Parking, loading, and landscaping ratios	10 percent
Parking lot dimensions (aisles, driveways, space widths)	15 percent
Projections (canopies, eaves, etc. into setbacks)	10 percent (must be 3ft from property line)
Front Setback area (decrease)	10 percent
Side Setback area (decrease)	10 percent
Rear Setback area (decrease)	15 percent
Sign regulations (other than prohibited signs)	10 percent
Structure heights (increase)	10 percent

[Source: Table 7-3]

Hardship in Subdivision Exceptions

When a developer seeks an exception to the subdivision standards found in Chapter 17.88 of the Grass Valley Code, the requirements for proving hardship are even more specific. The City Council must find that the strict application of subdivision standards would create an "unnecessary hardship" and that the exception is consistent with the intent of the Grass Valley Development Code [Section 17.80.100.C].

The council must verify that the exception:

Does not constitute a grant of special privilege.
Will not result in significant increased adverse environmental impacts.
Will not be detrimental to public health, safety, or welfare.
Will not affect the consistency of the subdivision with the Grass Valley General Plan [Section 17.80.100.C].

Sections Cited