Chapter 11.28
VARIANCES
Sections:
11.28.010 Repealed.
11.28.030 Action on variances.
11.28.040 Repealed.
11.28.010 Exemption in case of large scale development.
Repealed by Ord. 98-40. (Ord. 3080 § 700, 1994)
11.28.020 Variances.
(1) When necessary, the city may authorize variances to requirements of this title. Application for a variance shall be made as a part of the application for preliminary plat approval and shall state fully the grounds of the application and the facts relied upon by the petitioner. The city shall find that all of the following facts with respect thereto are met:
(a) That there are special circumstances or conditions affecting the property that are not common to all other properties in the area;
(b) That the variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by the other properties in the same vicinity and that extraordinary hardship would result from strict compliance with these regulations because of the special circumstances or conditions affecting the property;
(c) That the granting of a variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the vicinity of the property involved;
(d) That the necessity for the variance is not a result of the applicant’s own actions.
(2) When variances are sought concerning the administration of the requirements rather than restrictions on physical improvements or design, the petitioner shall apply for the variance in the above manner but is not required to meet the requirements as set forth above.
(3) The hearing examiner may approve or deny a variance only after a public hearing on the variance application has been held. Notification of the hearing shall be in the same manner as outlined in WCC 11.16.100, and the scope and continuance of the hearing shall be in accordance with WCC 11.16.110. (Ord. 2010-24 § 1; Ord. 3080 § 702, 1994)
11.28.030 Action on variances.
In granting necessary variances, the hearing examiner shall secure substantially the objectives of the regulations to which the variances are granted in order to preserve public health, safety, convenience and general welfare. Conditions necessary for this purpose shall be specified in granting the variance, and the hearing examiner shall make a written record of the findings and facts in connection therewith, and shall specifically and fully set forth the variance granted and the conditions designated. The administrator shall keep findings on file as a matter of public record. (Ord. 2010-24 § 1; Ord. 3080 § 704, 1994)
11.28.040 Appeals.
Repealed by Ord. 2010-24. (Ord. 3179 § 4, 1996; Ord. 3080 § 706, 1994)