A deviation is a waiver from compliance with a specific provision of the Unified Development Code (UDC) that may be granted to a particular property, provided there is sufficient evidence that the requested deviation(s) will not adversely affect neighboring properties. A deviation differs from a variance in that a deviation is an accepted waiver from minimum code requirements in instances where the waiver would allow design efficiency and flexibility yet meets the spirit and intent of the code. Deviations may be permitted only if they meet one or more of several evaluation criteria. Deviations are heard by the Planning Commission during the plan review process.

Procedure:
It is recommended that you first contact the Land Use Division of the Department of Community Development and schedule a pre-application meeting to review your conceptual drawings and the City's requirements and procedures. You will then submit a completed application form, along with the plan drawings and support documents as outlined in the preliminary plan or final plan checklist. Applications may be filed at the Department of Community Development any time between the hours of 8 a.m. and 5 p.m. on or before the filing deadline date. Late submittals will be placed on the next available agenda.

After the City staff reviews your submittal and you have responded to staff comments, the Planning Commission will hear the case. For final plan deviation requests, they will make the final decision to approve, approve with conditions, or deny, unless 2 or more Council members or the City Administrator request Governing Body review within 3 working days following the Planning Commission action. Deviation requests that are included as part of an overall preliminary plan application will proceed to the Governing Body. Anyone aggrieved by a Planning Commission decision may appeal it to the Governing Body.

Expiration of Deviation:
A deviation runs with the land (is permanent) unless otherwise stipulated during the approval process, or expires when the plan granting such deviation expires.

Fees:
There is no separate application fee for a deviation. A deviation request is processed through the preliminary or final plan review process and is subject to that applicable fee.

Contacts:
Copies of the application form and checklist and the filing deadlines and meeting schedules are available in the Department of Community Development at City Hall, or contact LuAnne Johnson, Executive Assistant, at (913) 477-7729, to receive information by mail, fax, or E-mail.

For information about applying for a deviation, contact Rick Hauber, Planner III, at (913) 477-7713.

Secondary contact is Gil Pintar, Development Review Administrator, at (913) 477-7712, or Karen Gable, Planner III, at (913) 477-7714.