Chapter 17.28


17.28.010    Generally.

17.28.020    Applications.

17.28.030    Notice.

17.28.040    Fee.

17.28.050    Staff and planning agency review.

17.28.060    Hearing.

17.28.070    Standards.

17.28.080    Conditions.

17.28.010 Generally.

In accordance with RCW 35A.63.110, the city council shall hear applications for variances from the terms of this title, pursuant to the following procedures and conditions. (Ord. 97-550 § 7 (part), 1997)

17.28.020 Applications.

Applications for variances shall be filed with the city on forms provided by the administrator, together with a completed SEPA environmental checklist, where required, and with payment of all applicable fees. The city clerk shall submit the application to the administrator, who shall determine if the application is complete, and if not complete, shall return the same to the applicant with notification of additional required information. (Ord. 97-550 § 7(1), 1997)

17.28.030 Notice.

Upon determining that the application is complete, the administrator shall set a date and time for a hearing before the city council, which date shall not be more than forty-five (45) days after receipt of the complete application (unless an environmental impact statement is required, in which instance the time period shall run from the date of issuance of the final EIS). The administrator shall cause notice of the hearing to be published, distributed, and posted as required by this title. (Ord. 97-550 § 7(2), 1997)

17.28.040 Fee.

All variance applications shall be accompanied by a non-refundable fee established by resolution of the city council. Applications shall not be considered complete without this fee. (Ord. 97-550 § 7(3), 1997)

17.28.050 Staff and planning agency review.

The administrator shall circulate the complete variance application to the following for review: city clerk, public works department, planning agency, city fire chief, and other county, state or federal agencies as the administrator shall deem necessary. The administrator shall incorporate the comments of these agencies into a staff report which shall be submitted to the city council prior to the public hearing on the application. Planning agency review shall not include an open record public hearing. (Ord. 722 § 1(UU), 2014: Ord. 97-550 § 7(4), 1997)

17.28.060 Hearing.

The city council shall, on the date and time set, conduct a public hearing upon the variance application, at which all interested persons may appear and be heard on the application, or may submit written comment thereon. The city council shall make its decision based on the criteria listed in this title, which shall include the findings and conclusions on which it is based. (Ord. 97-550 § 7(5), 1997)

17.28.070 Standards.

Applications for variances from the terms of this title may be granted only if the city council finds that all of the following conditions are met:

A.    The variance does 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;

B.    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

C.    That 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.

(Ord. 97-550 § 7(6), 1997)

17.28.080 Conditions.

In approving any variance, the city council may impose reasonable conditions to ensure that the variance shall not be materially detrimental to the public welfare or injurious to property or improvements in the area. (Ord. 97-550 § 7(7), 1997)