Chapter 12.36
VARIANCES

Sections:

12.36.010    Purpose.

12.36.020    Type of action.

12.36.030    Contents of complete application.

12.36.040    Criteria for approval.

12.36.010 Purpose.

The purpose of this chapter is to establish the type of action, contents of a complete application and criteria for approval for variances. A variance is an authorization to depart from the development regulations contained in this title. (Ord. 1629 § 1, 1996).

12.36.020 Type of action.

A variance is a Type III action and shall be considered in accordance with the procedures for such actions as set forth in BMC Title 11, Administration of Development Regulations. (Ord. 1629 § 1, 1996).

12.36.030 Contents of complete application.

An application for a variance is complete for the purposes of this section when it has been determined by the city to contain the information described below in addition to the standard application information required under BMC Title 11, Administration of Development Regulations. A complete application is sufficient for continued processing even though additional information may be required or modifications may subsequently be made. The city’s determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the application occur. A complete application shall contain:

A.    Completed application form and attachments signed and dated by owner/agent.

B.    Complete legal description of the subject property.

C.    Site plan depicting proposed and existing improvements on the property. The site plan shall contain the following information in addition to the standard information required by BMC Title 11, Administration of Development Regulations:

1.    Dimensions and shape of the lot and street names;

2.    Location and dimensions of existing and proposed buildings including setbacks and requested variance(s);

3.    Circulation. Adjacent street improvements, curb cut locations for ingress and egress, parking layout in accordance with Chapter 12.16 BMC;

4.    Existing and proposed landscaping in accordance with Chapter 12.18 BMC;

5.    Existing watercourses, sensitive areas (such as wetlands, geologically hazardous areas, etc.), utility lines, easements, deed restrictions, structures, rockeries, and other manmade or natural features restricting use of the subject property;

6.    Preliminary grading plan depicting proposed and existing grades at five-foot contours, if grading is proposed in conjunction with proposed use; and

7.    Storm drainage, sidewalks, and exterior lighting.

D.    Building elevations depicting requested variances.

E.    Ten copies of all plans. All oversized plans shall be folded to eight and one-half inches by 14 inches.

F.    One paper reduction of each oversized plan to eight and one-half inches by 14 inches or eight and one-half inches by 11 inches.

G.    Necessary information for review of environmental impacts, in accordance with BMC Title 14, Environment.

H.    Application fee and environmental trust.

I.    Three sets of stamped (not metered) legal sized envelopes for the mailing of notices in accordance with BMC Title 11, Administration of Development Regulations, said envelopes to bear the names and addresses (on labels) of all owners of property, as determined from the records of the King or Snohomish County assessor, within 300 feet of any portion of the subject property, and the addresses of all parcels within said area if different from the owner’s mailing address; and a list of said names and addresses;

J.    Applications found to contain material errors shall not be deemed complete until such material errors are corrected.

K.    The community development director may waive specific submittal requirements determined to be unnecessary for review of the application. (Ord. 1629 § 1, 1996).

12.36.040 Criteria for approval.

A variance shall be granted by the city only if an applicant demonstrates all of the following:

A.    The strict enforcement of the provisions of this title and, when applicable, the shoreline master program, creates an unnecessary hardship to the property owner;

B.    The variance is necessary because of the unique size, shape, topography, or location of the subject property;

C.    The subject property is deprived, by provisions of this title or, when applicable, the shoreline master program, of rights and privileges enjoyed by other properties in the vicinity and under an identical zone;

D.    The need for the variance is not the result of deliberate actions of the applicant or property owner;

E.    The variance does not create health and safety hazards or result in lowering of public capital facilities levels of service below the standards and guidelines set forth in the Imagine Bothell... Comprehensive Plan;

F.    The variance does not relieve an applicant from any of the procedural provisions of this title or, when applicable, those in the shoreline master program;

G.    The variance does not allow establishment of a use that is not otherwise permitted in the zone in which the proposal is located;

H.    The variance is the minimum necessary to grant relief to the applicant;

I.    The variance from setback or building height requirements does not infringe upon or interfere with easement or covenant rights or responsibilities;

J.    The variance does not relieve an applicant from the provisions of the critical areas ordinance, except as provided therein; and

K.    In the case of a waterward shoreline variance, the following additional criteria are met:

1.    Strict application of the standards precludes a reasonable allowable use of the subject property; and

2.    The public rights of navigation and use of the shoreline will not be adversely affected. (Ord. 1629 § 1, 1996).