Chapter 14.50
VARIANCE
Sections:
14.50.010 Variance--Conditions.
14.50.015 Variance--Maximum yard setback variance.
14.50.025 Administrative variances.
14.50.010 Variance--Conditions.
Where practical difficulties exist rendering compliance with the provisions of this title impractical, and such compliance would create unnecessary hardships to the owner or user of land or buildings, the Town of Woodway Hearing Examiner may grant a variance in harmony with the general purpose and intent of the zoning or building ordinance by varying the application of rules, regulations or provisions of such ordinance relating to the use of land or structures and any construction, structural or equipment changes, to the extent expressly provided thereby, so long as the spirit and benefits of the ordinance will be preserved, public safety served and substantial justice done, consistent with the procedural requirements of Chapter 2.56. The Hearing Examiner shall not vary any of the rules, regulations or provisions of the ordinance unless, upon due and diligent investigation and after public hearing, finds that all of the following conditions exist in such case. The applicant for a requested variance shall have the burden of proving that all of the following conditions exist:
A. The variance shall not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located;
B. That such 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;
C. The requested variance does not go beyond the minimum necessary to afford relief, and does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located;
D. 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;
E. The literal interpretation and strict application of the applicable provisions or requirements of this Municipal Code would cause undue hardship or practical difficulties; provided, that such undue hardship or practical difficulties are explicitly related to the size, shape, topography or other natural circumstance of the property and not the actions of the property owner or a predecessor in interest; and
F. The requested variance would be consistent with the spirit and purpose of the Municipal Code, ordinances and/or comprehensive plan, as applicable. (Ord. 17-577 § 1 (Exh. A (part)), 2017: Ord. 05-450 § 1, 2005; Ord. 01-412 § 1 (Exh. 1 (part)), 2001)
14.50.015 Variance--Maximum yard setback variance.
In order to maintain the character of land and uses prescribed in each of the Town’s R-87 and R-43 zoning districts, requests to vary the required setback for a front, side or rear yard shall not exceed ten percent of each yard setback that is set forth in this title. In reviewing requests for variances to yard setbacks, the Hearing Examiner shall ensure that an undue hardship exists due to topography, irregular parcel shape, the preservation of significant vegetation, or other natural circumstances that render conforming to the required setback standards impractical, as well as meeting all other criteria for a variance. (Ord. 17-577 § 1 (Exh. A (part)), 2017: Ord. 05-450 § 2, 2005)
14.50.020 Variance--Hearings.
Except for variances granted under the provisions of Section 14.50.025, the Hearing Examiner shall have and exercise original jurisdiction in receiving, granting, or denying all requests for variance, after a public hearing, consistent with the procedures of Chapter 2.56 and Title 14A of this code. The Hearing Examiner shall set a date for hearings of applications for use variances, at which hearings any interested person may appear and be heard subject to reasonable rules and regulations provided by the Hearing Examiner. Attendance of Town officials at the hearing may be compelled by the Hearing Examiner. A report from the appropriate Town staff may be required for the purpose of obtaining information as to the effect of the proposed variance upon the use, enjoyment and value of the land and buildings within the use district and such report may contain other pertinent information regarding the many existing or preexisting conditions relating to topography, geology, traffic, utilities, existing or proposed land utilization and other factors relating to the Comprehensive Plan of the Town. The Hearing Examiner shall make and record findings of fact germane to his or her decision on the applicant’s request and shall especially find the facts relating to the conditions set forth in Sections 14.50.010(A), (B) and (C). (Ord. 17-577 § 1 (Exh. A (part)), 2017: Ord. 01-412 § 1 (Exh. 1 (part)), 2001)
14.50.025 Administrative variances.
The Building Official is authorized to approve minor variances to the building setback requirements of this title, provided such variance complies with either subsection A or B of this section.
A. The Building Official finds that the requested variance complies with all of the conditions of Section 14.50.010(A) through (F), and the request to vary the required setback for a front, side, or rear yard does not exceed five percent of each yard setback that is set forth in this title. Findings of the Building Official shall be made in a written decision.
B. The Building Official finds that parcel contains legal nonconforming projections into the setbacks of this title, and the Building Official finds that all of the following conditions are met:
1. The variance will result in a twenty-five percent reduction in the total area of the existing legal nonconforming setback projection(s);
2. The variance does not result in projections further into the setback than the furthest existing legal nonconforming projection(s) in the setback where the variance is being requested;
3. The variance does not increase the nonconforming projection(s) more than two hundred square feet; and
4. The Building Official finds that the requested variance complies with the conditions of Sections 14.50.010(D) and (F).
5. Findings of the Building Official shall be made in a written decision.
C. Any person requesting a variance under this section shall make application for the variance on a form approved by and provided to the applicant by the Building Official. The Building Official is authorized to establish rules for the processing and review of the application by the Building Official consistent with subsections A and B of this section.
D. Any application submitted for a variance under this section is submitted in lieu of an application for a setback variance to the Hearing Examiner. Any person aggrieved by the decision of the Building Official may appeal to the Hearing Examiner as provided in Chapter 2.60. (Ord. 17-577 § 1 (Exh. A (part)), 2017)