Chapter 20.64
VARIANCE PROCEDURE
Sections:
20.64.020 Variance-Applicable criteria.
20.64.030 Variance procedure Application.
20.64.040 Variance procedure-Processing of application.
20.64.050 Variance procedure-City council action.
20.64.010 General provisions.
(a) The city council shall have authority to grant a variance from the provisions of this title when the council finds that the variance request satisfies the criteria set forth in Section 20.64.020.
(b) An application for a variance may be submitted for modification of any term or requirement of this title except for the following:
(1) To allow a use not generally permitted or conditionally permitted in the district in which the property is located.
(2) To authorize a permitted use upon less site area than what is specified as the minimum site area.
(3) Modification of any of the definitions contained in this title. (Ord. 1002 (Attachment A) (part), 1989)
20.64.020 Variance-applicable criteria.
Before any variance may be granted, the city council shall find that the following criteria are satisfied:
(a) That approval of the variance will not constitute a grant of special privilege, be based upon reasons of hardship caused by previous actions of the property owner, nor be granted for pecuniary reasons alone;
(b) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surrounding, the strict application of the zoning ordinance is found to cause a hardship and deprive the subject property of a use or improvement otherwise allowed in the identical zone classification. Aesthetical considerations or design preferences without reference to restrictions based upon the physical characteristics of the property do not constitute hardship under this section;
(c) That the approval of the 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. 1002 (Attachment A) (part), 1989)
20.64.030 Variance procedure-application.
(a) The city council shall prescribe the form to be used for variance requests. The council may prepare or cause to be prepared, application forms for such purpose and prescribe the type of information to be provided. Thereafter all applications shall be made using the prescribed form.
(b) A filing fee as established in Chapter 20.108 is to be paid to the city clerk-treasurer at the time of application. The fee is nonrefundable.
(c) A complete application consists of the following:
(1) An application. form with all required information;
(2) Payment of filing fee.
No application shall be accepted unless it is complete. (Ord. 1176 § 63, 1996; Ord. 1002 (Attachment A) (part), 1989)
20.64.040 Variance procedure-processing of application.
An application for a variance shall be processed as a Class III action pursuant to the provisions of Chapter 20.08 of this code. (Ord. 1176 § 21, 1996: Ord. 1002 (Attachment A) (part), 1989)
20.64.050 Variance procedure-city council action.
After receiving all testimony concerning the variance request, the city council shall render a decision based on the criteria set forth in Section 20.64.020. As a condition of approval, the council may impose such conditions as it deems appropriate and necessary for the protection of the surrounding properties of the neighborhood or general welfare of the public.
An authorized variance shall be void after the expiration of one year from the date of authorization unless either construction has been completed or there is a valid building permit in force in conformance with the variance as authorized. (Ord. 1002 (Attachment A) (part), 1989)
20.64.060 Appeals.
Any person aggrieved by an action of the city council in granting or rescinding a variance may seek review by a court of record of such decision in the manner provided by the laws of the state of Washington. (Ord. 1002 (Attachment A) (part), 1989)