History and Definition:

The strongest Ordinance and the last one that the original author, City Attorney Stanley Remelmeyer, amended was the 6th one, adopted in June, 1985. 

 

This version, O-3144, states that "unreasonable hardship" shall mean that because of special circumstances {of} the property including, size, shape, topography, soil conditions, location or surroundings  ...deprives such property of privileges enjoyed by other properties in the vicinity."

 

Developers and homeowner/builders could only claim they needed to go beyond the height and size limits of the HOO (Hillside Overlay Ordinance) because of some problem with the property itself. 

 

Solution:

Reintroducing the 1985 Hardship clause will: 

 

1. Clarify "Hardship" for neighborhood residents and city leaders.

2. Clarify for developers and homeowner/builders that needs to go beyond the height and size limits of the HOO must be because of some problem with the property itself. 

3. Provide city leaders better clarity to verify a "Hardship" that relates to property rather than personal needs (family or personal problems) or abuse of the hardship clause.