Chapter 16.28
VARIANCES

Sections:

16.28.010    Purpose.

16.28.020    Application.

16.28.030    Variance – Criteria to grant.

16.28.010 Purpose.

A. The purpose of a variance permit is strictly limited to granting relief to specific bulk, dimensional, or performance standards set forth in the shoreline master program. A variance is also appropriate where there are extraordinary or unique circumstances relating to the property such that the strict implementation of the shoreline master program would impose unnecessary hardships on the applicant. These provisions should be applied in a manner which, while protecting the environment, will assure that a person will be able to use his/her property in a fair and equitable manner.

B. Construction pursuant to this permit shall not begin nor can construction be authorized except as provided in RCW 90.58.020. In all instances, extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. (Ord. 2089 § 7 (part), 2004)

16.28.020 Application.

An application for a shoreline variance shall be submitted on forms provided by the administrator and accompanying material as required by chapter 18.56 SMC. An applicant for a substantial development permit who wishes to request a variance shall submit the variance application and the substantial development permit simultaneously. (Ord. 2089 § 7 (part), 2004)

16.28.030 Variance – Criteria to grant.

A. Criteria for Granting Variances. Variance permits for development that will be located landward of the ordinary high water mark, except those areas designated by the Department of Ecology as marshes, bogs, or swamps pursuant to chapter 173-22 WAC, may be authorized provided the applicant can demonstrate all of the following:

1. That the strict requirements of the bulk, dimensional, or performance standards set forth in the shoreline master program preclude or significantly interfere with a reasonable use of the property not otherwise prohibited by the shoreline master program.

2. That the hardship described above is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the shoreline master program, and not, for example, from deed restrictions or the applicant’s own actions.

3. That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment.

4. That the variance authorized does not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief.

5. That the public interest will suffer no substantial detrimental effect. Variance permits for development that will be located either waterward of the ordinary high water mark or within marshes, bogs, or swamps as designated in chapter 173-22 WAC may be authorized provided the applicant can demonstrate all the criteria stated above as well as the following:

a. That the public rights of navigation and use of the shorelines will not be adversely affected by granting the variance.

b. That the strict application of the bulk, dimensional or performance standards set forth in the shoreline master program precludes all reasonable use of the property.

c. That the proposal is consistent with the criteria established under subsections (A)(1) through (4) of this section.

B. In the granting of all variances, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if variances were granted to other developments in the area where similar circumstances exist, the total of the variances should also remain consistent with the policies of chapter 90.58 RCW and should not produce substantial adverse effects to the shoreline environment.

C. Requests for varying the use to which a shoreline area is to be put are not requests for variances, but rather requests for conditional uses. Such requests shall be evaluated using the conditional use criteria set forth in chapter 16.30 SMC. (Ord. 2089 § 7 (part), 2004)