Chapter 18.70


18.70.010    Application and criteria.

18.70.020    Fee.

18.70.010 Application and criteria.

A variance is the means by which an adjustment is made in the application of the specific regulations of this title to a particular piece of property. A variance application shall be made on forms approved by the planning department and presented to the hearing examiner. The hearing examiner shall, after a public hearing, make a final decision. Variances shall be granted only in cases where the particular property, because of special circumstances applicable to the property, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and where the variance will remedy the disparity in privilege, or to accommodate a solar energy system. Before a variance shall be granted, the following requirements shall be met:

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. That 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. 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; and

D. There are special circumstances applicable to a particular lot or tract, such as size, shape, topography, surroundings, trees, ground cover or other physical conditions, installation of a solar energy system or the location or orientation of a building for purposes of gaining or providing solar access; and

E. The granting of the variance will not alter the character of the land, nor impair the appropriate use or development of adjacent property; and

F. The granting of the variance will not conflict with the general purposes and objectives of the comprehensive plan and other requirements of this title; and

G. In determining whether to approve an application for a variance, the hearing examiner shall consider the applicant’s record regarding meeting the terms, conditions and limitations of other permits previously issued including building permits, conditional uses or variances; and

H. All variances shall meet any other terms, conditions or limitations of the Lake Forest Park Municipal Code, if any, applicable to the specific action including LFPMC Title 16, Environmental Protection; Title 17, Subdivisions; and Title 18, Zoning. (Ord. 836 § 13, 2000; Ord. 773 § 3, 1999)

18.70.020 Fee.

A fee for an application for variance shall be established within the city fee schedule. (Ord. 773 § 3, 1999)