Chapter 17.105
VARIANCES
Sections:
17.105.010 Authority to grant variance.
17.105.040 Public hearing notification.
17.105.050 Approval or denial of application – Standards.
17.105.060 Conditions of approval.
17.105.070 Review and appeal of decisions of community and economic development director.
17.105.080 Appeal from decision – Time limits.
17.105.100 Violations deemed misdemeanor – Penalty – Additional lawful actions.
17.105.010 Authority to grant variance.
A. Authority to Grant Variances.
1. The community and economic development director may grant variances not exceeding 20 percent of the lot width, setbacks, maximum lot coverage, building height, parking, and landscape buffers from the provisions of the zoning code upon finding that all of the conditions set forth in MVMC 17.105.050 have been met.
2. The hearing examiner may grant variances from the terms of the zoning ordinances, from the official map ordinance and from other land use regulatory ordinances prescribed by city ordinance that are not covered within subsection (A)(1) of this section.
3. The community and economic development director shall specify the information which is required to be included in a variance application and the applicant shall provide appropriate application materials as required within Chapter 14.05 MVMC.
4. Following receipt of a completed application form requesting a variance the community and economic development department will follow the noticing requirements within Chapter 14.05 MVMC.
5. Following receipt of a completed application form requesting a variance from the zoning code, the community and economic development director shall determine if the request complies with all of the criteria set forth in MVMC 17.105.050.
6. Variances Complying with Subsection (A)(1) of This Section. The community and economic development director may approve, approve with conditions, or deny the variance request, or may forward the application to the hearing examiner for public hearing and decision as stipulated below. The community and economic development director’s decision is the final city action on the variance request unless appealed to the hearing examiner as set forth below.
a. The community and economic development director shall send his/her written decision to the applicant, adjacent property owners within 100 feet, and those parties of record. The community and economic development director shall give reasons for the decision and outline appeal procedures.
7. An approved variance shall become void after the expiration of one year from the date of final decision unless:
a. A building permit application conforming to the approved variance is filed with the city; or
b. A subdivision, short subdivision, or lot line revision application conforming to the approved variance is filed with the city; or
c. The approved variance specifically provides for a longer time limit. (Ord. 3802 § 46, 2019).
17.105.020 Application.
A written application for a variance from zoning ordinances and any other land use regulatory ordinance or plan shall be submitted to the community and economic development department. An application for a variance shall contain all of the information outlined within Chapter 14.05 MVMC. No application shall be accepted unless it complies with such requirements. (Ord. 3429 § 174, 2008).
17.105.030 Fee.
The variance application shall be accompanied by a nonrefundable fee as set forth in Chapter 14.15 MVMC upon the filing of the application with the city community and economic development department. No action shall be taken upon the application until the fee has been paid. (Ord. 3429 § 175, 2008).
17.105.040 Public hearing notification.
The community and economic development department prepares and sends out the required public hearing notification per the requirements outlined within Chapter 14.05 MVMC, when a public hearing is required. (Ord. 3429 § 176, 2008).
17.105.050 Approval or denial of application – Standards.
A. No application for a variance shall be granted unless the hearing examiner or director finds:
1. That the variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is located; and
2. That such variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and
3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone in which the subject property is situated;
B. In deciding any of the matters referred to it, the hearing examiner or director shall issue a written report giving the reasons for their decision. The hearing examiner or director shall further make a finding that the reasons set forth in the application justify the granting of the variance and that variance is the minimum variance that will make possible the reasonable use of the land, building or structure. (Ord. 3429 § 177, 2008).
17.105.060 Conditions of approval.
In approving any variance, the director or hearing examiner may impose reasonable conditions to ensure that the variance shall not be materially detrimental to the public welfare or injurious to property or improvements in the area. (Ord. 3429 § 178, 2008).
17.105.070 Review and appeal of decisions of community and economic development director.
The hearing examiner may review any interpretation of the provisions of the zoning ordinances made by the community and economic development director and any order, requirement, decision or determination relating thereto, in the application of the specific provisions of the zoning ordinances to any parcel of land and/or structure. Such review may only be made upon written application thereof, filed in the office of the community and economic development director, together with the fee set forth in Chapter 14.15 MVMC. The hearing examiner may, after public hearing, confirm or reverse the interpretation made by the community and economic development director and any order, requirement, decision or determination relating thereto; and the hearing examiner’s decision shall be based upon the record and the findings in each case, and to that end it shall have all of the powers of the community and economic development director. (Ord. 3429 § 179, 2008).
17.105.080 Appeal from decision – Time limits.
A. The action by the hearing examiner on an application for a variance or an appeal from the decision of the community and economic development director shall be final and conclusive unless a party with standing files an appeal according to MVMC 14.05.190.
B. Appeal to Hearing Examiner.
1. Appeals to the hearing examiner are required to comply with the requirements outlined in Chapter 14.05 MVMC. (Ord. 3802 § 47, 2019).
17.105.090 Findings of fact.
In issuing an order, requirement, decision or determination, the hearing examiner shall make written findings of fact stating reasons upon which the action is based. (Ord. 2966 § 26, 1999; Ord. 2352, 1989).
17.105.100 Violations deemed misdemeanor – Penalty – Additional lawful actions.
A. Failure to comply with the provisions of this chapter, prior to the erection of any building constituting a variance from the zoning ordinances, or failure to comply with zoning ordinances as presently established without complying with the provisions of this chapter in the application of a proper variance, shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense.
B. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation, may each be found guilty of a separate offense and suffer the penalties provided in Chapter 1.20 MVMC.
C. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violations. (Ord. 2352, 1989).