Part 20.30G Variance from the Land Use Code

20.30G.110 Scope.

This Part 20.30G establishes the procedures and criteria that the City will use in making a decision upon an application for a variance from the provisions of the Land Use Code.

20.30G.115 Applicability.

This part applies to each application for a variance from the provisions of the Land Use Code, except as otherwise provided in Part 20.30H LUC (Variance to the Shoreline Master Program).

A variance is a mechanism by which the City may grant relief from the provisions of the Land Use Code where practical difficulty renders compliance with the provisions of that Code an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property and where the purpose of that Code and of the Comprehensive Plan can be fulfilled.

20.30G.140 Decision criteria.

The Director may approve or approve with modifications an application for a variance from the provisions of the Land Use Code if:

A. General.

1. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and land use district of the subject property; and

2. The 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 land use district of the subject property; and

3. The granting of the variance will not be materially detrimental to property or improvements in the immediate vicinity of the subject property; and

4. The variance is not inconsistent with the Comprehensive Plan; and

B. Additional Decision Criteria – Variances from Provisions of Part 20.25H LUC.

1. A variance to the requirements of Part 20.25H LUC may be granted only if the applicant demonstrates that a variance from other provisions of the LUC, where allowed under this part or Part 20.30H LUC, is not feasible. For purposes of this section, variances from the other provisions of the LUC shall be considered not feasible only when, considering the function to be served by the proposal, a variance to other provisions of the LUC, including non-critical area setbacks, will not realize the intended function of the proposal; and

2. Where the variance involves disturbance of a critical area or critical area buffer, the variance includes a mitigation plan meeting the requirements of LUC 20.25H.210; and

C. Additional Decision Criteria – Variances from Standards Applicable to Areas of Special Flood Hazard.

In addition to the decision criteria in subsections A and B of this section, a proposal to vary the requirements for areas of special flood hazard shall meet the following criteria:

1. A variance shall only be issued upon a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing laws or ordinances; and

2. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (Ord. 5683, 6-26-06, § 26; Ord. 5481, 10-20-03, § 10; Ord. 4973, 3-3-97, § 834; Ord. 4816, 12-4-95, § 934)

20.30G.150 Limitation on authority.

The decisionmaker may not grant a variance to:

A. The provisions of LUC 20.10.440 or Chapter 20.25 LUC, establishing the allowable uses in each land use district; or

B. The provisions of Chapters 20.30 and 20.35 LUC or any other procedural or administrative provision of the Land Use Code; or

C. Any provision of the Land Use Code within the primary approval jurisdiction of another decisionmaker as established by the Bellevue City Code; or

D. Any provision of the Land Use Code which, by the terms of that Code, is not subject to a variance; or

E. The provisions of Part 20.25E LUC, the Shoreline Overlay District. (Ord. 5876, 5-18-09, § 31)