Chapter 16.50
VARIANCES
Sections:
16.50.050 Criteria for approval.
16.50.010 Purpose.
The purpose of this chapter is to provide criteria and procedures to allow the creation or adjustment of lots and parcels in a more efficient manner than possible under strict compliance with the standards of this title, and to respond to exceptional or extraordinary circumstances of a property over which the owners of the property have no control. [Ord. 11-373-O § 8-7:11.100].
16.50.020 Applicability.
This chapter applies only to applications for lot authorization, property line vacation, property line adjustment, partitions, subdivisions and planned unit developments. [Ord. 11-373-O § 8-7:11.200].
16.50.030 Definitions.
A. Minor Variance. A “minor variance” is a variance from the following standards of this title as they pertain to property line adjustments, partitions, and subdivisions:
1. A reduction of building setback by 12 inches.
2. Lot width or depth up to two feet.
B. Major Variance. A “major variance” is a variance from any measurable development standard other than the minor variance. [Ord. 11-373-O § 8-7:11.300].
16.50.040 Procedure.
A. Applications for variances under this chapter shall be received and processed along with the application for lot authorization, property line vacation, property line adjustment, partition, subdivision, or planned unit development. The applicant shall include a statement that includes responses to the criteria listed in RRMC 16.50.050.
B. Minor variances shall be reviewed as a Type II application, as provided in Chapter 16.10 RRMC.
C. Major variances shall be reviewed as a Type III application, as provided in Chapter 16.10 RRMC. [Ord. 11-373-O § 8-7:11.400].
16.50.050 Criteria for approval.
Previously granted variances shall not be considered to have established a precedent. No variance shall be granted by the city, or upon appeal, unless such variance can be shown to meet all of the following criteria:
A. The need for the variance does not result from a previous deliberate action of an owner of the property, either under this title or under ordinance and policy then current.
B. The need for the variance cannot be resolved by some other procedure provided in this title, such as a property line adjustment, partition, or utilization of the planned unit development process.
C. The proposed variance is the minimum variance required to prevent unnecessary hardship or to allow reasonable use of the property.
D. The proposed lot arrangement represents a more efficient use of land than would be possible with strict compliance to the standards of this title.
E. The variance is necessary to avoid odd shaped lots or flag lots, to allow efficient arrangement of lots, to preserve natural features, or to alleviate other unique physical conditions.
F. The variance does not result in an increase in density over that permitted by the zoning district. When a lot is reduced in size due to a dedication of right-of-way, the minimum lot area may be reduced up to 100 square feet.
G. The variance has the approval in writing of the city engineer and public works director when the variance is from a utility standard or from the flood hazard or slope hazard standards of city ordinance.
H. The variance is in compliance with the comprehensive plan.
I. Where vehicular access and circulation cannot be reasonably designed to conform to code standards within a particular parcel, shared access with an adjoining property shall be considered. If shared access in conjunction with another parcel is not feasible, the city may grant a variance to the access requirements after finding the following:
1. There is not adequate physical space for shared access, or the owners of abutting properties do not agree to execute a joint access easement;
2. There are no other alternative access points on the street in question or from another street;
3. The access separation requirements cannot be met;
4. The request is the minimum adjustment required to provide adequate access;
5. The approved access or access approved with conditions will result in a safe access; and
6. The visual clearance requirements of RRMC 17.65.040 will be met. [Ord. 11-373-O § 8-7:11.500].