Chapter 17.52

17.52.000    Chapter Contents


17.52.010    Purpose.

17.52.020    Applicability.

17.52.030    Application procedure.

17.52.040    Procedure for approval.

17.52.050    Conditions for granting.

17.52.010 Purpose

Any applicant may seek a variance to the provisions listed in Chapter 17.48 where it appears that there exists extraordinary conditions of topography, access, location, shape, size, drainage or other physical features of the site or other adjacent development.

(Ord. 4529 §13(1), 1984).

17.52.020 Applicability

A variance to any requirements of Chapter 17.48 may be requested. Variances to other provisions of this title may not be applied for or granted; provided, that the city engineer may approve a deviation from the requirements of Sections 17.16.030, 17.24.020, 17.32.100, 17.32.150, 17.36.070 and 17.36.120 without a variance, if said deviation is justified on the basis of topography or other special or unique conditions attending the development site, consistent with Chapter 1 of the Engineering Design and Development Standards.

(Ord. 7110 §8, 2017; Ord. 4529 §13(2), 1984).

17.52.030 Application procedure

Any development which includes a request for one or more variances to the requirements of Chapter 17.48 shall be accompanied by an application for variance on forms provided by the Department and shall include such information as is required by the Application Content Lists, including a statement setting forth in detail any such variance and the reasons therefor. See chapter 18.70 OMC.

(Ord. 5594 §11, 1996; Ord. 5570 §20, 1995; Ord. 4529 §13(3), 1984).

17.52.040 Procedure for approval

The hearing examiner shall consider a variance request concurrently with the plat or plan to which it applies. The hearing examiner shall enter findings with respect to requested variances.

(Ord. 5570 §20, 1995; Ord. 4529 §13(4), 1984).

17.52.050 Conditions for granting

No variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity. Before granting a variance, the hearing examiner shall determine whether the following conditions apply to the requested variance:

A.    There are exceptional or extraordinary circumstances or conditions which apply to the land referred to in the application which do not apply generally to lands in the vicinity. These include, but are not limited to, size, shape, topography, location or surroundings.

B.    The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner.

C.    The granting of the application will not, under the circumstances of the particular case, affect adversely the health or safety of persons residing or working in the neighborhood of the property referred to in the application and will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood or adversely affect the comprehensive plan. Provided that, to the extent the variance request pertains to Chapter 18.56, planned residential development, or Chapter 18.57, master planned development, that chapter shall apply.

(Ord. 5570 §20, 1995; Ord. 4520 §13(5), 1984).