Chapter 19.45


19.45.005    Plat variance procedure.

19.45.010    Criteria for granting variances.

19.45.005 Plat variance procedure.

It is recognized that in some cases pertaining to particular plats, circumstances may justify the granting of plat variances from the standards of this title. Applications for plat variances shall be coordinated with preliminary plat review. Petitioners for plat variances shall describe fully the variance sought and the grounds for the application, and shall bear the burden of proof that approval of such application conforms to the criteria of LMC 19.45.010. The development and business services director shall develop separate recommendations on plat variance applications and forward them to the hearing examiner along with the recommendation on the preliminary plat. The director’s recommendation and the hearing examiner’s action may be for a lesser degree of variation from a standard than sought by the applicant, and may include conditions. The hearing examiner shall have sole authority to approve plat variances from the standards of this title. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2957 § 25, 2012; Ord. 2463 § 11, 2003; Ord. 1314 § 11, 1983)

19.45.010 Criteria for granting variances.

In order for a plat variance to be recommended by the hearing examiner and approved by the council, it must be determined that all or some of the following apply:

A. There are special topographic physical and/or other conditions affecting the property that are not common to all property in the area;

B. Hardship, as distinguished from mere inconvenience, would result from strict compliance with the standards of this title;

C. A variance complies with the spirit and intent of this title and will not be detrimental to the public health, safety, or welfare or injurious to other property in the vicinity;

D. A variance will not have the effect of nullifying the spirit and intent of the comprehensive plan, zoning ordinance, and/or any other land use regulation adopted by the city; and

E. In the case of a variance to sidewalk standards, adequate provision nevertheless will be made for pedestrian movement and safety. (Ord. 2463 § 11, 2003; Ord. 1314 § 11, 1983)