Chapter 17.84
VARIANCES
Sections:
17.84.030 Prohibited variances.
17.84.040 Conditions or restrictions.
17.84.070 Notification of action.
17.84.080 Variance procedure chart.
17.84.010 Purpose.
(a) The purpose of a variance is to provide relief only when a strict application of the zoning requirements would impose unusual difficulties and unnecessary hardships on the applicant. Practical difficulties and unnecessary hardships may result from the size, shape or dimensions of a site or the location of existing structures thereon; from geographic, topographic or other conditions on the site or in the immediate vicinity.
(b) In granting a variance, the planning commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purpose of this title. (Ord. 669, 1990).
17.84.020 Criteria.
Variances to a requirement of this title with respect to lot area, lot coverage, height of structures, vision clearance, buffering, screening and other quantitative requirements may be granted only if, on the basis of application investigation and evidence submitted by the applicant, all of the following are shown:
(1) That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of title; and
(2) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zone; and
(3) The conditions or situations giving rise to the variance application have not been created or caused by the applicant or recent owner of the subject property; and
(4) That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the near vicinity; and
(5) That granting of the variance would support goals and policies contained within the comprehensive plan; and
(6) That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to materially interfere with the free and safe flow of traffic on the streets and walks. (Ord. 669, 1990).
17.84.030 Prohibited variances.
Under no circumstances shall the city council grant a variance to allow a use not generally or conditionally permitted in the zone, or any use expressly or by implication would constitute a grant of special privilege to the subject property. (Ord. 669, 1990).
17.84.040 Conditions or restrictions.
Reasonable conditions (DMC 17.84.020) may be imposed in connection with a variance as deemed necessary to protect the best interest of the surrounding property or neighborhood and otherwise secure the purpose and requirement of this title. Guarantees and evidence may be required that such conditions will be and are being carried out. (Ord. 669, 1990).
17.84.050 Variance procedure.
(a) The applicant shall present a completed land use application and other information together with the fee (DMC 17.84.020) to the city clerk-treasurer. The application shall be forwarded to the zoning administrator, who shall review the application, make sure it is complete, add his input, and shall then forward it to the planning commission together with his written comments.
(b) Upon receipt of an application for a variance from the zoning administrator, the planning commission shall set a date for the public hearing on the application following the statutory requirement for public notifications. At this hearing the planning commission shall review the application and take public testimony.
(c) At a later public meeting the planning commission shall issue its written recommendation on the application. In making its recommendation the planning commission shall base its recommendation on written findings of fact guided by the criteria in DMC 17.84.020. The recommendation shall then be forwarded to the city council.
(d) Upon receipt of the recommendation from the planning commission, the city council shall set a date for the public meeting at which they will consider the variance application. At this meeting the city council shall review the application and recommendation of the planning commission, take any further public testimony, and issue a decision for acceptance or denial of the application. The decision shall be based upon the criteria (DMC 17.84.020) and written findings of fact shall accompany the decision. The planning commission shall provide the applicant with written notice within five days.
(e) Upon denial of a variance request by the planning commission, the city clerk-treasurer shall return the application to the applicant. All decisions may be appealed to the city council.
(f) If the city council approves the variance request, the city clerk-treasurer shall be directed to issue a variance. The city council in directing the issuance of a permit may attach any condition(s) to the permit which it deems necessary to reduce possible impacts created by the proposed use (DMC 17.84.020). (Ord. 669, 1990).
17.84.060 Public hearing.
Before the planning commission may act on a request for a variance, it shall hold a public hearing in accordance with the provisions of DMC 17.76.140. (Ord. 669, 1990).
17.84.070 Notification of action.
Within five days after a decision has been rendered on a request for a variance, the city clerk-treasurer shall provide the applicant with written notice of the city’s action. (Ord. 669, 1990).
17.84.080 Variance procedure chart.
The variance procedure chart set out in Table 17.84.080 is made a part of this section.
Table 17.84.080
Variance Procedure Chart
(Ord. 708 § 3, 1992; Ord. 669, 1990).