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.

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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. 

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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.