Craik

Plaintiffs Jim Craik and Judi Craik appeal from an adverse judgment on their petition for writ of mandate. The petition challenged the approval of several variances and related building permits by defendant County of Santa Cruz. Real parties in interest Norma P. Odenweller and Robert W. Fleck, plaintiffs’ next-door neighbors, had sought the variances for the construction of a residence. Plaintiffs contend that defendant abused its discretion in certain respects. We disagree and affirm the judgment.

Legal Background and Scope of Review

“A comprehensive zoning plan could affect owners of some parcels unfairly if no means were provided to permit flexibility. Accordingly, in an effort to achieve substantial parity and perhaps also in order to insulate zoning schemes from constitutional attack, our Legislature laid a foundation for the granting of variances. Enacted in 1965, section 65906 of the Government Code establishes criteria for these grants; it provides: ‘Variances from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict…