Chapter 16.40


16.40.010    Generally.

16.40.010 Generally.

The planning commission may authorize upon appeal in specific cases a variance from the terms of this title as will not be contrary to state law, including Chapter 58.17 RCW, where, owing to special conditions, a literal enforcement of the provisions of the terms of this title will work a special hardship upon the applicant. Such variance must not be contrary to the public interest, and may not be granted by the commission unless and until all of the following terms apply:

A.    A written application, accompanied by an application fee as specified by the city’s adopted fee schedule, for a variance hearing, duly advertised, is submitted demonstrating all of the following:

1.    That special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands in the same area;

2.    That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same area under the terms of this title;

3.    That the special conditions and circumstances do not result from the actions of the applicant;

4.    That the special hardship is not self-inflicted;

5.    That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands in the same area;

6.    That financial gain is not the ground or grounds for the variance;

7.    That the variance granted is the minimum required to accommodate the problem;

8.    That the variance will not nullify the intent and purpose of the comprehensive plan or this title; and

9.    That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other real property in the vicinity.

B.    In granting variances and modifications, the planning commission may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements so varied or modified.

C.    If the request is part of the application for a subdivision, the request shall be reviewed in conjunction with the subdivision review and the planning commission shall specifically recommend approval, approval with modification, or disapproval of the exception request as part of their recommendation regarding the subdivision to the city council.

(Ord. 98-570 § 10.01, 1998)