Chapter 11.195
VARIANCE

Sections:

11.195.010    Purpose.

11.195.020    Review process.

11.195.030    Action of the review authority.

11.195.040    Time limit on approval of variance.

11.195.010 Purpose.

The purpose of a variance is to provide relief in cases where the strict application of the development standards in this title would result in undue hardship by virtue of physical peculiarity of a parcel of land. The purpose is to ensure that because of physical characteristics of a property, the property is not deprived privileges commonly enjoyed by other properties in the same zone. A variance shall not allow a use in a zone where otherwise prohibited. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.041, 2001).

11.195.020 Review process.

A variance shall be subject to a Type II review consistent with RCC 11.245.080. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.042, 2001).

11.195.030 Action of the review authority.

A. The planning commission may approve a variance request in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:

1. The strict application of this title to a property would result in extreme difficulty, unnecessary hardship, or the inability of an owner to use land for the purposes allowed in the zone in which it is located for reasons of physical peculiarity.

2. The granting of such variance would not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located.

3. The granting of the variance would not grant special privileges to a landowner that are in conflict with the purposes of this title.

B. A variance request for development within the FM overlay zone may be approved in whole or in part, with or without conditions, if in addition to the findings in subsection (A) of this section, all of the following findings of fact can be made in an affirmative manner:

1. Denial of the variance would result in exceptional hardship and would deny all economic use of the property.

2. The variance would result in the minimum relief necessary, considering the flood hazard.

3. If the site is located in a designated floodway, no increase in flood levels during the base flood discharge would result.

4. Granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or conflict with existing local laws or ordinances.

5. In the case of the reconstruction of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places, the structure is being rebuilt as it previously existed. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.043, 2001).

11.195.040 Time limit on approval of variance.

A. Authorization of a variance shall be valid for one year from the effective date, and shall lapse at that time unless a building permit has been issued and substantial construction has taken place.

B. The planning commission may extend the variance one year even though substantial construction has not occurred if the council finds that the facts on which the variance is approved have not changed substantially. (Ord. 2041 § 1 (Exh. A), 2010; Ord. 1024 § 11.05.044, 2001).