Chapter 11.95
VARIANCES
Sections:
11.95.020 Permit processing and notice.
11.95.030 Evaluation criteria.
11.95.040 Action on variances.
11.95.060 Transfer of ownership.
11.95.010 Authorization.
The hearing examiner is authorized to grant variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific property, the literal interpretation or specific application of this title would cause undue or unnecessary hardship. No variance shall be granted to allow the use of property for purposes not authorized in the district in which the proposed use would be located, increase densities above that established for the district, or reduce/eliminate standards of other titles of the Chelan County Code. (Res. 2002-104 (part), 7/16/02: Res. 2000-129 (part), 10/17/00).
11.95.020 Permit processing and notice.
Variances shall be processed in accordance with the provisions of Section 14.10.040, Title 14, Development Permit Procedures and Administration, and other pertinent sections of Chapters 14.06 and 14.08 of Title 14 of this code, including notice of application, completeness determination, consistency determination and notice of decision. A variance application shall be processed within one hundred twenty days from the date of the determination of completeness. (Res. 2002-8 (part), 1/15/02: Res. 2000-129 (part), 10/17/00).
11.95.030 Evaluation criteria.
(1) No variance shall be granted unless it can be shown that all of the following conditions exist:
(A) The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same neighborhood or district and shall not constitute a grant of a special privilege.
(B) The plight of the applicant is due to unique circumstances such as topography, lot size or shape, or size of buildings, over which the applicant has no control.
(C) The hardship asserted by the applicant is not the result of the applicant’s or the owner’s action.
(D) The authorization of the variance shall not be materially detrimental to the public welfare and safety, to the purposes of this title, be injurious to property in the same district or neighborhood in which the property is located, or be otherwise detrimental to the objectives of the comprehensive plan.
(E) The hardship asserted by the application results from the application of this title to the property.
(2) In addition to the above stated criteria, variances granted from the provisions and criteria contained in Chapter 11.78, Fish and Wildlife Habitat Conservation Areas Overlay District, and Chapter 11.80, Wetland Areas Overlay District, have additional variance criteria.
(3) The granting of a variance should not:
(A) Be substantially based upon precedent established by illegal or nonconforming circumstances;
(B) Be substantially based upon lack of reasonable economic return or a claim that the existing/proposed structure is too small;
(C) Be based on the fact that the condition for which the variance is requested, existed at the time the applicant acquired the property;
(D) Result in a de facto zone reclassification;
(E) Be substantially for the purpose of circumventing density regulations. (Res. 2002-104 (part), 7/16/02: Res. 2000-129 (part), 10/17/00).
11.95.040 Action on variances.
The hearing examiner may approve, conditionally approve or deny a request for a variance. The hearing examiner may, in granting a variance, establish conditions determined necessary to:
(1) Protect the interests of surrounding properties and the general public health, safety, welfare and interest; and
(2) Accomplish the objectives and intent of this title, other applicable regulations and the comprehensive plan; and
(3) Mitigate potential adverse impacts of the proposal. (Res. 2000-129 (part), 10/17/00).
11.95.050 Effect.
In any case where a variance is granted under the terms of this title, no building or other permit shall be issued until after the end of the appeal period allowed in Title 14 of this code. An appeal of the decision shall automatically stay the issuance of building or other permits until such appeal has been completed. (Res. 2000-129 (part), 10/17/00).
11.95.060 Transfer of ownership.
The granting of a variance and the conditions set forth runs with the land; compliance with the conditions of the variance is the responsibility of the current owner of the property, whether that is the applicant or a successor. (Res. 2000-129 (part), 10/17/00).
11.95.070 Reapplication.
Upon final action of the hearing examiner as set forth in the provisions of this chapter, the department of building/fire safety and planning shall not accept filing of an application for substantially the same matter within one year from the date of the final denial of the application. (Res. 2000-129 (part), 10/17/00).
11.95.080 Expiration.
A variance shall become void three years after approval if no substantial construction has taken place or such other time period as established by the hearing examiner. (Res. 2000-129 (part), 10/17/00).
11.95.090 Appeal of decision.
Action by the hearing examiner is final unless within twenty-one days of issuance of the decision, an appeal to the superior court is filed in accordance with the provisions contained in Chapter 14.12, Development Permit Procedures and Administration, Title 14 of this code. (Res. 2000-129 (part), 10/17/00).