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12.08.060 Appeal procedure from SMC 12.08.050.
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A. The City Council, upon receipt of a recommendation from the Planning Commission of the City of Sebastopol, California, shall hear and decide appeals for variances in the strict application of SMC 12.08.050.

B. Action by Appellant.

1. The owner of any property affected by established official plan lines may appeal the strict interpretation of SMC 12.08.050.

2. Said appeal should be made in writing to the City Planning Commission.

C. Action by Planning Commission. Upon receipt of an appeal the Planning Commission shall set a date for at least one public hearing and publish notice thereof in a newspaper of general circulation in the City at least 10 days in advance of said public hearing. At the conclusion of said public hearing the Planning Commission shall make its recommendations by resolution in writing to the City Council.

In order to make a recommendation contrary to the provisions stated in SMC 12.08.050, the Planning Commission must find:

1. That the property of which the official plan line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance.

2. That the property will not earn a fair return on the owner’s investment unless the construction involved is authorized.

3. That the granting of the application is necessary for the preservation of substantial property rights of the individual.

D. Action by the City Council. Upon receipt of said report from the Planning Commission or upon expiration of 60 days from the time the applicant filed his appeal with the Planning Commission, the City Council shall set a date for a public hearing thereon with notices as required by law. At the conclusion of the public hearing, the City Council may grant the applicant a variance from the provisions of SMC 12.08.050.

In order to grant a variance contrary to said section, the City Council must find:

1. That the property of which the official plan line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance.

2. That the property will not earn a fair return on the owner’s investment unless the construction is authorized.

3. That the granting of the application is necessary for the preservation of substantial property rights of the individual.