Chapter 18.76
VARIANCES
Sections:
18.76.040 Application procedure.
18.76.080 Height limit variances.
18.76.010 Purpose.
The purpose of a variance is to provide relief when a strict application of the zoning requirements would impose unusual practical difficulties or unnecessary physical hardships on the applicant, because special conditions or circumstances exist which are peculiar to the site or location of existing structures thereon due to size, shape, topography or other physical conditions peculiar to and inherent in the particular site. No variance shall be granted to allow a change in use, the use of property for a use not authorized by this title nor for economic reasons. (Ord. 84-335 § 15.01, 1984)
18.76.020 Conditions imposed.
Reasonable conditions may be imposed in connection with a variance as deemed necessary to protect the best interests of the surrounding property or neighborhood, and otherwise secure the purpose and requirements of this section. Guarantees and evidence may be required that such conditions will be and are being complied with. (Ord. 84-335 § 15.02, 1984)
18.76.030 Granting criteria.
Variances to a requirement of this title may be granted only if, on the basis of investigation and evidence submitted, all six expressly written findings are made:
A. That a strict or literal interpretation and enforcement of the specified requirement would result in practical difficulty or unnecessary hardship;
B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the same area;
C. That the exceptional or extraordinary circumstances or conditions did not result from the applicant’s actions;
D. That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the near vicinity;
E. That the granting of the variance would support goals and policies contained within the comprehensive plan; and
F. That granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, structures or buildings in the zone in which the property is located. (Ord. 84-335 § 15.03, 1984)
18.76.040 Application procedure.
The applicant for a variance shall present a completed application form and required information to the clerk-treasurer. Every application must include the location of a known survey point for the property. The clerk-treasurer shall review the application for completeness and transmit the application to the building official. The building official shall review the application with reference to the criteria contained in AMC 18.76.030 and any other applicable codes or ordinances. The building official shall transmit the application to the planning commission. (Ord. 03-627 § 5, 2003; Ord. 03-617 § 1, 2003; Ord. 84-335 § 15.04, 1984)
18.76.050 Review.
A. Upon receipt of an application for variance from the building official, the planning commission shall set a date, time and place for a public hearing on the application:
1. Notice of the date, time, place and purpose of the public hearing shall be given by at least one publication in the local newspaper 10 days prior to the hearing.
2. The applicant for a variance to the title shall notify, by mail, the owners of record of all property adjacent to the site of the application by mail at least 10 days prior to the public hearing, postage prepaid.
B. At this public hearing the planning commission shall review the application, take public testimony on the application and issue a decision for denial or acceptance of the application. The decision of the planning commission shall be guided by the criteria described in AMC 18.76.030 and issued as written findings of fact to accompany the decision. If the planning commission finds for the applicant, the building official will be directed to issue a variance. If the planning commission finds against the applicant, the building official returns the application to the applicant. The planning commission in directing the issuance of a permit may append any conditions to the permit which it deems necessary to mitigate any possible impacts created by the proposed variance. (Ord. 00-587 § 1, 2001; Ord. 92-459 § 2, 1992; Ord. 84-335 § 15.05, 1984)
18.76.060 Appeal.
All decisions for approval, denial or appendance of conditions of a variance may be appealed to the city council. A written appeal must be filed with the clerk-treasurer within 15 days of the planning commission decision. If no appeal is filed within the specified time period, the planning commission decision shall be final. A decision by the city council is subject to review by the superior court. (Ord. 02-603 § 1, 2002; Ord. 84-335 § 15.06, 1984)
18.76.070 Permit time limit.
Authorization of a variance shall be void after six months unless substantial construction pursuant thereto has taken place. However, the city council may extend this period at the request of applicant. (Ord. 84-335 § 15.07, 1984)
18.76.080 Height limit variances.
Notwithstanding any of the provisions of this chapter, the planning commission in reviewing a request for a variance for deviation from the 16-foot height limitation for a detached structure from the main or primary use contained in AMC 18.28.080, 18.30.070, 18.32.080, 18.36.080, 18.40.080 and 18.44.050 may, upon the showing of written consent of all adjoining properties within 300 feet, grant a height variance up to an additional one foot, nine inches, without compliance with AMC 18.76.030, Granting criteria. (Ord. 06-696 § 1, 2006)