Chapter 20.71
ADMINISTRATIVE DISCRETIONARY APPROVALS

Sections:

20.71.010    Minor deviation.

20.71.020    Administrative variance.

20.71.030    Administrative special use permit.

20.71.040    Level 1 tailored construction mitigation plan.

20.71.050    Administrative right-of-way tree activity permit.

20.71.060    Administrative substantial development permit.

20.71.010 Minor deviation.

A. Purpose. The purpose of a minor deviation is:

1. To allow for minor departures from numeric development standards for remodeling projects; and

2. To allow flexibility in design while preserving nonconforming conditions with respect to setback requirements and maximum building heights.

B. Applicant. Any owner may submit an application for a minor deviation.

C. Procedures. Minor deviations are processed as a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

D. Applicability. A minor deviation may be approved for the following:

1. Departures by five percent or less from any numeric development standard provided:

a. If the numeric development standard is expressed as a percentage, the five percent is calculated as the numeric percentage multiplied by 1.05; and

b. Requests for departures may include qualifying conditions such as structural coverage bonuses and height bonuses.

2. Departures from building height and zoning setback standards to allow a building addition to match an existing nonconforming building height or setback that was legally established provided:

a. Matching a nonconforming building height means a building addition extending above the maximum zoning height applicable to the building, but the highest point of the addition does not exceed the highest point of the roof of the existing building; or

b. Matching a nonconforming zoning setback means a building addition extending into the setback area, but the addition does not extend closer to the property line than the closest point of the existing building, excluding gutters; and

c. The total above-ground bulk of the building located within the nonconforming height or setback envelope does not occupy more than 60 percent of the maximum possible above-ground bulk that could otherwise be built within the nonconforming building height or setback envelope with approval of a minor deviation.

E. Limitations. A minor deviation shall not be approved for the following:

1. Where the request is to obtain final approval of a structure that compliance with the numeric development standard was represented in the building permit application, but subsequent construction is noncompliant; or

2. Where the project consists of a building alteration or improvement that was completed at any time within the previous five years.

F. Criteria for Approval. The decision authority may approve a minor deviation only if the following criteria are satisfied:

1. The minor deviation does not constitute a granting of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is located; and

2. The granting of such minor deviation 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

3. The proposed development will not substantially reduce the amount of privacy enjoyed by adjoining property owners than if the development was built as specified by the zoning code; and

4. For departures set forth in subsection (D)(1) of this section, the minor deviation 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.

G. Conditions of Approval. The decision authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety.

H. Lapse of Approval.

1. An approved minor deviation shall expire after one year from the later date of the decision being issued or an appeal becoming final unless a complete building permit application is submitted; and

2. Expiration of the minor deviation is automatic and notice is not required; and

3. The director may grant a single six-month extension if the applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension. (Ord. 979 § 3, 2019; Ord. 900 § 5 (Att. B), 2013)

20.71.020 Administrative variance.

A. Purpose. The purpose of administrative variances is to allow minor relief from specific zoning standards.

B. Applicant. Any owner may submit an application for an administrative variance.

C. Procedures. Administrative variances are processed as a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

D. Applicability. An administrative variance may be granted for the following:

1. Fences and walls less than eight feet in height; or

2. Structural coverage increases provided:

a. The increase is for less than one percent of the lot area; and

b. If existing structural coverage on the lot exceeds the zoning code, the total structural coverage will not exceed the structural coverage increase permitted in subsection (D)(2)(a) of this section plus the lesser amount between the existing structural coverage on the lot and the structural coverage on the lot on the date the structure became nonconforming with regards to structural coverage.

E. Criteria for Approval. The decision authority may approve an administrative variance only if the following criteria are satisfied:

1. The variance does not constitute a granting of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is located; and

2. The 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

3. 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; and

4. The variance is the minimum necessary to provide reasonable relief.

F. Conditions of Approval. The decision authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety.

G. Lapse of Approval.

1. An approved administrative variance shall expire after one year from the later date of the decision being issued or an appeal becoming final unless a complete building permit application is submitted; and

2. Expiration of the administrative variance is automatic and notice is not required; and

3. The director may grant a single six-month extension if the applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension. (Ord. 900 § 5 (Att. B), 2013)

20.71.030 Administrative special use permit.

A. Purpose. The purpose of administrative special use permits is to allow certain uses, which by their nature can have an undue impact upon other uses of land, but also by their nature warrant a less cumbersome approval process than a nonadministrative special use permit.

B. Applicant. Any owner may submit an application for an administrative special use permit.

C. Procedures. Administrative special use permits are processed as a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

D. Applicability. This section shall apply to uses and activities listed or referenced as requiring an administrative special use permit.

E. Criteria for Approval. The decision authority may approve an administrative special use permit only if the following criteria are satisfied:

1. The use is compatible with and meets the spirit of the comprehensive plan;

2. The use is designed to minimize detrimental effects on neighboring properties;

3. The use satisfies all requirements specified for the use;

4. The use complies with all applicable zoning and development standards and requirements; and

5. The use will have no materially detrimental effects on neighboring properties due to excessive noise, lighting, off-site traffic generation, or other interferences with the peaceful use and possession of said neighboring properties.

F. Conditions of Approval. The decision authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety.

G. Lapse of Approval.

1. An approved administrative special use permit shall expire after one year from the later date of the decision being issued or an appeal becoming final unless a complete building permit application is submitted; and

2. Expiration of the administrative special use permit is automatic and notice is not required; and

3. The director may grant a single six-month extension if the applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension. (Ord. 900 § 5 (Att. B), 2013)

20.71.040 Level 1 tailored construction mitigation plan.

A. Purpose. The purpose of a Level 1 tailored construction mitigation plan is to mitigate the adverse effects on adjacent properties and public streets caused by major construction projects.

B. Applicant. Any owner may submit an application for a Level 1 tailored construction mitigation plan.

C. Procedures.

1. Level 1 tailored construction mitigation plans are processed as a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC; and

2. Before the city issues permits authorizing grading, demolition or construction activity, the property owners, designated agent, and contractor shall sign the Level 1 tailored construction mitigation plan.

D. Applicability. This section applies to where a Level 1 tailored construction mitigation plan is required pursuant to the criteria in Chapter 15.20 MMC.

E. Limitations. The tailored construction mitigation plan is a construction mitigation plan consisting of both city-developed and applicant-proposed measures for reducing construction impacts on neighboring properties and streets. The measures set forth in a Level 1 tailored construction mitigation plan are binding on all of the signatories required in subsection (C)(2) of this section.

F. Criteria for Approval. The criteria for approval of a Level 1 tailored construction mitigation plan are those set forth in MMC 15.20.040, as it currently exists or is hereafter amended.

G. Conditions of Approval. The decision authority may attach reasonable mitigation measures as necessary to protect the public health, safety and general welfare from the impacts of construction activity.

H. Lapse of Approval. A Level 1 tailored construction mitigation plan shall remain in effect until such time all construction permits associated with the Level 1 tailored construction mitigation plan expires. (Ord. 900 § 5 (Att. B), 2013)

20.71.050 Administrative right-of-way tree activity permit.

A. Purpose. The purpose of an administrative right-of-way tree activity permit is to authorize removal or pruning of city trees and vegetative cover consistent with the Medina tree code.

B. Applicant. Only owners enumerated in MMC 20.52.310(C) may submit an application for an administrative right-of-way tree activity permit.

C. Procedures. Administrative right-of-way tree activity permits are processed as a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

D. Applicability. This section shall apply to the pruning and removal of trees as set forth in MMC 20.52.310(C).

E. Criteria for Approval. The decision authority may approve an administrative right-of-way tree activity permit only if the following criteria are satisfied:

1. The proposal is compatible with Chapter 3, Community Design Element, of the comprehensive plan;

2. The proposal is consistent with the public interest in maintaining an attractive and safe environment;

3. The tree trimming, pruning or removal will have no materially detrimental effects on nearby properties;

4. Removal of the city tree is permitted pursuant to MMC 20.52.400(D);

5. Tree mitigation is provided in accordance with MMC 20.52.400(E) for removed trees;

6. Tree trimming or pruning is done in accordance with the following:

a. The trimming or pruning does not exceed 25 percent of the canopy of the tree in the area, unless supported by ANSI Standard A300;

b. The trimming or pruning does not adversely affect adjoining and nearby properties regarding erosion control, noise control, shade, or other existing landscaping within the unimproved areas of the right-of-way; and

c. The trimming or pruning complies with ANSI Standard A300 and does not cause unnecessary mutilation or damage to the tree;

7. All other requirements set forth in MMC 20.52.400 are satisfied.

F. The decision authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety.

G. Lapse of Approval.

1. An administrative right-of-way tree activity permit shall expire after 18 months from the later date of the decision being issued or an appeal becoming final;

2. Expiration of the administrative right-of-way tree activity permit is automatic and notice is not required; and

3. No extension of the time period for the permit is allowed. (Ord. 923 § 35, 2015; Ord. 909 § 18, 2014; Ord. 900 § 5 (Att. B), 2013)

20.71.060 Administrative substantial development permit.

A. Purpose. The purpose of an administrative substantial development permit is to regulate developments and uses of water bodies and associated upland areas to protect human health and the natural environment, but by the scope of the development warrant a less cumbersome approval process.

B. Applicant. Any owner may submit an application for an administrative substantial development permit.

C. Procedures. Administrative substantial development permits are processed as a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.

D. Applicability. This section shall apply to activities within the meaning of the term “development” as defined in RCW 90.58.030(3)(a), and located within the shoreline jurisdiction as defined by the Shoreline Management Act, provided:

1. The development is not exempt from a substantial development permit pursuant to WAC 173-27-040 as it currently exists or is hereafter amended; and

2. The development does not include any dredging waterward of the ordinary high water mark; and

3. The development does not include grading activity involving more than 500 cubic yards of material within the shoreline jurisdiction, excluding fill material used specifically for fish and wildlife habitat restoration; and

4. The total cost or fair-market value of the entire proposed development does not exceed $50,000 provided:

a. The calculation for total cost or fair-market value shall include all costs, excluding permit fees and taxes, associated with development on the property during a period beginning from the date an application for the administrative substantial development permit is submitted and ending 18 months after the date all permits issued by the city for the property are finalized; and

b. Development may not be divided into phases for the purpose of avoiding a higher designation of decision type, except as provided in subsection (D)(4)(a) of this section.

E. Additional Submittal Requirements. In addition to the requirements set forth in MMC 20.80.080, the applicant shall provide the following with an administrative substantial development permit:

1. A site plan containing the following:

a. A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project;

b. Identification of the shoreline water body;

c. A general description of the property as it now exists, including physical characteristics and improvements and structures;

d. A general description of the vicinity of the proposed project, including identification of adjacent uses, structures and improvements, intensity of development and physical characteristics;

e. Identification of the ordinary high water mark:

i. This may be an approximate location; provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark, the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan;

ii. Where the ordinary high water mark is neither adjacent to nor within the boundary of the project, the site plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline;

f. Existing and proposed land contours with minimum two-foot elevation intervals;

g. A general description of the character of vegetation found on the site;

h. The dimensions and locations of all existing and proposed structures and improvements;

2. A landscaping and/or restoration plan, as applicable;

3. Mitigation measures, as applicable;

4. Quantity, source, and composition of all fill material that is placed on the site, whether temporary or permanent;

5. Quantity, composition and destination of all excavated and/or dredged material; and

6. Additional submittal information set forth in the shoreline master program for the use.

F. Criteria for Approval. The decision authority may approve an administrative substantial development permit only if the following criteria are satisfied:

1. The proposed development is consistent with the policy and provisions of the State Shoreline Management Act of 1971 (Chapter 90.58 RCW);

2. The proposed development is consistent with the State Shoreline Management Permit and Enforcement Procedures (Chapter 173-27 WAC); and

3. The proposed development is consistent with the requirements of the Medina shoreline master program.

G. Conditions of Approval. The decision authority may attach reasonable conditions as necessary to prevent undesirable effects of the proposed development and to assure consistency of the development with the Shoreline Management Act and the Medina shoreline master program.

H. Revisions to Permit. Revisions to an administrative substantial development permit shall be consistent with WAC 173-27-100 as it currently exists or is hereafter amended.

I. Lapse of Approval. Administrative substantial development permit shall expire as set forth in WAC 173-27-090 and amendments thereto. (Ord. 900 § 5 (Att. B), 2013)