Chapter 17.66
VARIANCES, INTERPRETATIONS, APPEALS
Sections:
17.66.010 Intent.
17.66.015 Complete application.
17.66.020 Variances.
17.66.030 General variances.
17.66.040 Time limits.
17.66.050 Interpretations and appeals.
17.66.010 Intent.
This chapter is intended to provide review procedures and criteria for those special situations where the dimensional, bulk or spacing provisions of this title may be relaxed. Variances are not intended to be used as a means of circumventing individually inconvenient regulations. (Ord. 573 § 2, 1990).
17.66.015 Complete application.
An application for a general variance is considered complete upon submittal of the information as required under GHMC 17.96.050(B) through (D) and (L), including the written statement of justification for granting the variance pursuant to the requirements of GHMC 17.66.030(B). This is in addition to the application requirements of GHMC 19.02.002 for a Type III application. An application for an administrative variance shall contain the information required for a general variance, but shall include a written statement of justification for granting the variance pursuant to the requirements of GHMC 17.66.020(A). (Ord. 725 § 9, 1996; Ord. 710 § 66, 1996).
17.66.020 Variances.
A. Administrative Variances. An administrative variance is a Type II permit procedure. Upon the filing of a proper application, the planning director shall have the authority to grant, with conditions if necessary, an administrative variance from the following property development standards:
1. A decrease of not more than 20 percent of the required width of a side, front or rear yard or yard between buildings;
2. An increase of not more than 10 percent of the permitted projection of cornices, sills, eave projections, fences or structures, maximum permitted lot coverage, unenclosed awnings and unenclosed and uncovered decks into a required front, side or rear yard;
3. An increase of not more than five percent in the maximum permitted height of a building.
B. Required Findings to Grant. Each administrative variance granted shall be supported by written findings as follows; the variance will not compromise the intent of the comprehensive plan nor be inconsistent with the goals, policies and objectives of the comprehensive plan:
1. The variance is an immediate remedy to a condition not readily apparent during the construction of a structure and which, if permitted, would not result in any significant adverse impacts to adjacent properties or structures;
2. A strict application of the standards would impose an unreasonable hardship upon the applicant or property owner;
3. The need for the variance is not the result of the deliberate actions of the applicant or property owner;
4. The variance does not create health and safety hazards. (Ord. 710 § 67, 1996; Ord. 573 § 2, 1990).
17.66.030 General variances.
A. The hearing examiner shall have the authority to grant a variance from the requirements of this title, except as identified in GHMC 17.66.020(A), administrative variances, after considering the matter at a public hearing.
B. Before any variance can be granted, the examiner shall make findings of fact setting forth and showing that the following circumstances exist:
1. The proposed variance will not amount to a rezone nor authorize any use not allowed in the district;
2. Special conditions and circumstances exist which are peculiar to the land such as size, shape, topography or location, not applicable to other land in the same district and that literal interpretation of the provisions of this title would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the same district under the terms of this title;
3. The special conditions and circumstances do not result from the actions of the applicant;
4. Granting of the variance requested will not confer a special privilege that is denied other lands in the same district;
5. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated;
6. The hearing examiner shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land;
7. The decision of the hearing examiner shall be final. Appeals of the examiner’s decision may be made to the city council in accordance with the appeal procedures established under GHMC 17.10.160. (Ord. 573 § 2, 1990).
17.66.040 Time limits.
Any variance granted by the hearing examiner or planning director shall become null and void if not exercised within one year of the date of approval. Upon written request by a property owner, prior to the date of expiration the director may grant an extension of time up to but not exceeding one year. Any extension of time shall be based upon a finding that there has been no material change of circumstances applicable to the property since the granting of the variance. (Ord. 573 § 2, 1990).
17.66.050 Interpretations and appeals.
A. Interpretation – Planning Director.
1. The planning director shall review and determine any questions involving the proper interpretation or application of the provisions of this title that may be requested by any property owner, tenant, government officer, department, board, council or commission. The planning director’s decision shall be in keeping with the spirit and intent of this title and of the comprehensive plan.
2. Recognizing that there may be uses not specifically mentioned in this title either because of advancing technology or any other reason, the planning director may permit such use to be established if it is clearly evident that the use is in conformity with the designated principal uses of the use district in which it is to be located. When there is doubt as to the proper classification of a use, the hearing examiner shall rule on the matter.
B. Appeals from Administrative Decision.
1. Appeals may be taken to the hearing examiner by any person aggrieved or by any officer, department, board, council or commission of the city affected by any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this title or any amendment thereto. Such appeals shall be filed in writing, in duplicate and with the hearing examiner within 20 days of the date of the action being appealed.
2. Upon the filing of such an appeal, the hearing examiner shall set the time and place at which the matter will be considered. At least 10 days’ notice of such time and place shall be given to the adverse parties of record in the case and to the official whose decision is being appealed. The officer from whom the appeal is being taken shall forthwith transmit to the hearing examiner all of the records pertaining to the decision being appealed, together with such additional written report as he deems pertinent.
3. In exercising the powers granted herein, the hearing examiner may, in conformity with this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made, and, to that end, shall have all the powers of the officer from whom the appeal is being taken, insofar as the decision on the particular issue is concerned. (Ord. 573 § 2, 1990).