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Minutes - San Leandro City Council Meeting - March 20, 1995 Page - 9 - PUBLIC HEARINGS (continued) The City Attorney said the law requires that three standards be met for the City Council to grant a Variance. In summary, these are (1) that, because of special circumstances or conditions, strict application of the Zoning Code would result in peculiar and exceptional difficulties to, or exceptional and/or undue hardships upon the property owner; (2) the relief may be granted without substantial detriment to the public good, without substantial impairment of affected natural resources, and without significant detriment or injury to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare; and (3) the granting of the application is consistent with the purpose of the Zoning Code and will not constitute a grant of special privileges inconsistent with limitations on other properties in the vicinity and in the same zoning district. He said the issue before the Council was whether there were sufficient facts to apply to these standards to make the decision as to whether to grant the Variance. Council Member Kerr said it was unfortunate the addition was built without permits. He said the Applicant indicated her willingness to open up the building for inspections and, if she were to do that, he would be in favor of granting the Variance. He said he does not see any detrimental impact on the rest of the neighborhood and thinks adequate light and ventilation have been provided. He said the Zoning Code is a soft code that permits Variances, and he sees no problems in this case. Council Member Polvorosa said the fact the subject property owner built first denies the rear property owner from building up to capacity on their property. He said it is unfortunate the Shih' s built without the knowledge that they needed a permit because it appears they did a beautiful job. Council Member Galvan asked what liability the City has related to negative impacts of the addition to the surrounding properties if the Variance were granted. The City Attorney said the City is not liable to any property owner or individual under tort law for damages to property or persons for approving the Variance. The only liability is if the City Council grants the Variance and there is no evidence in the record for support of the approval . The City would then be liable if a property owner sought to have the Variance overturned. He said this would also apply if they do not grant the Variance and they have no evidence as to why. He said this matter could always go to court, and the City would be liable for attorney's fees. Council Member Galvan asked Council Member Kerr what findings he found for granting the Variance. Council Member Kerr said the property meets two of the three Zoning Code criteria. He said the Zoning Code is a soft code. He said, if the property meets Building, Plumbing, and other Codes, he would be in favor of granting the Variance. This would not prevent other property owners from total use of their properties.