Chapter 19.32
VARIANCES

Sections:

19.32.010    General.

19.32.020    Public hearing required.

19.32.030    Variance—Determination.

19.32.040    Appeals.

19.32.010 General.

Any subdivider may make application to the city of Shelton hearings examiner for a variance if strict compliance to this title imposes undue hardships on the subdivider. Such application shall accompany the proposed subdivision or short subdivision and shall include any and all details as the developer deems necessary to support his application properly and shall outline the provisions from which the variance is sought. The fees as required by Section 3.01.010 shall accompany the written application. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1041 (part), 1981)

19.32.020 Public hearing required.

All variances shall be heard by the city of Shelton hearings examiner at the public hearing with the subdivision or at a newly calendared public hearing for a short plat. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1041 (part), 1981)

19.32.030 Variance—Determination.

The hearings examiner may grant conditional variances to the requirements of this title. In order to grant a variance to this title the hearings examiner shall be required to make the following findings:

A.    That special conditions and circumstances exist which are peculiar to the land such as shape or topography, not applicable to other lands in the same district, and that strict application of the provisions of this title would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the same district under the terms of this title;

B.    That the special conditions and circumstances do not result from the actions of the owner and/or applicant;

C.    That granting of a variance will not confer a special privilege to subject property that is denied other lands in the same district;

D.    That the granting of a variance will not be materially detrimental to the public safety or general welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated;

E.    That the reasons set forth in the application for variance justify the granting of the variance and that the variance is the minimum that will make possible the reasonable use of the land;

F.    That the variance does not violate the purpose and intent of this title, the Shelton Municipal Code, the city of Shelton comprehensive plan, or the city of Shelton design and construction standards. (Ord. 1750-0709 § 2 (part), 2009)

19.32.040 Appeals.

The applicant or other individual or entity with standing may appeal the decision of the city of Shelton hearings examiner to the Shelton city council within fourteen days of the date of written decision pursuant to Section 2.36.200. The city council shall conduct a closed record review of the decision and may confirm, modify, or overturn the decision. All appeals must be received in writing by the director of community and economic development and contain narrative which specifically cites the item or items being appealed, and why. In order to be considered received by the city, the appeal must also include the appeal fee as established by the Shelton city council. (Ord. 1921-0518 (part), 2018; Ord. 1750-0709 § 2 (part), 2009)