Chapter 17.64
VARIANCES

Sections:

17.64.005    Applications and fee.

17.64.010    Granting – Conditions.

17.64.030    Administrative adjustments.

17.64.005 Applications and fee.

A. Applications for variances shall be submitted on forms provided by the city.

B. Applications for variances pursuant to this chapter shall be accompanied by the administrative fees established by city council resolution. (Ord. 1448 § 6 (Exh. H) (part), 2012: Ord. 1206 § 4, 2001).

17.64.010 Granting – Conditions.

Applications for variances from the terms of the zoning ordinance, the official map ordinance, or other land use regulatory ordinances under procedures and conditions prescribed by this title or other provisions in this Chelan Municipal Code, except as provided in Section 17.64.030 relating to administrative adjustments, shall be granted only if the hearing examiner finds that all of the following conditions exist:

A. 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 property on behalf of which the application was filed is located; and

B. 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

C. That the granting of such 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;

D. Hardships of a financial nature, hardships which are self-created, and hardships which are personal to the owner and not to the property, shall not be grounds for a variance;

E. The proposed variance will not amount to a rezone nor authorize any use not allowed in the district. (Ord. 1448 § 6 (Exh. H) (part), 2012: Ord. 1206 § 5, 2001: Ord. 445 § 3, 1972: Ord. 314 § 16G, 1962).

17.64.030 Administrative adjustments.

A. Administrative adjustments as set forth in this section may be made administratively by the planning director.

B. Administrative adjustments may be permitted if the criteria set forth in Section 17.64.010 can be met by the applicant in any of the following specific situations:

1. Relating to setbacks when the administrative adjustment request is for a decrease of twenty percent or less of the required width of a side, front or rear yard setback, except in the case when the applicable standard is a five-foot setback, in which case a hearing on a variance before the hearing examiner would be required;

2. Relating to fence height requirements when the variation is twenty percent or less than the applicable standard and shall not exceed six feet in height;

3. Relating to lot coverage requirements when the variation in lot coverage is five percent or less than the applicable standard;

4. Relating to height restrictions when the variation is five feet or less from the applicable standard;

5. Relating to parking spaces required on site when the variation is twenty percent or less of the total parking spaces required pursuant to the applicable standard; and

6. Relating to signs when the variation relates to height and the variation will be five feet higher or less than the applicable standard would allow and with respect to the area of a sign when the variation would add five percent or less in area pursuant to the applicable standard.

C. Except as set forth in this section, all other exceptions to the standards and provisions of this title may not be permitted pursuant to administrative adjustments and are subject to the variance procedures set forth in Section 17.64.010.

D. These administrative adjustment provisions are alternative provisions to a variance application. Any applicant dissatisfied with the decision of the planning director with respect to a requested administrative adjustment must file a variance application to obtain the requested relief.

E. The fee for an administrative adjustment application shall be the same fee established by city council resolution for a variance minus the hearing examiner-related fees. In the event an applicant is dissatisfied with the decision of the planning director and files a variance application, the fee paid for the administrative adjustment shall be credited toward the variance fee. (Ord. 1448 § 6 (Exh. H) (part), 2012: Ord. 1206 § 6, 2001).