Chapter 18.140
VARIANCES
Sections:
18.140.010 General provisions.
18.140.020 Application and fee.
18.140.030 Notice of public hearing.
18.140.040 Action by planning commission.
18.140.050 Required findings for variances.
18.140.010 General provisions.
Where practical difficulties, unnecessary hardships, or results inconsistent with the purposes and intent of this title may result from the strict application of certain area, height, yard, and space requirements thereof, variances in such requirements may be granted by the planning commission as provided in this chapter. [Ord. 632-91 § 27.01, 10-22-91].
18.140.020 Application and fee.
(1) Application for a variance shall be made on the form provided by the planning commission and shall be accompanied by a scale plot plan and other drawings necessary to clearly show details of the variance requested.
(2) Such application shall be accompanied by a filing fee as established by city council resolution. [Ord. 632-91 § 27.02, 10-22-91].
18.140.030 Notice of public hearing.
The planning commission must hold at least one public hearing and may hold additional hearings thereon as it may deem to be necessary.
Notice of a public hearing for a variance shall be provided at least 10 calendar days prior to the public hearing on the proposed use. Notice shall be provided in the following manner:
(1) Notice shall be published in a newspaper of general circulation in the city.
(2) Notice by mail to:
(a) The applicant;
(b) All property owners as indicated on the latest secured assessor’s records within 300 feet of the perimeter of the parcel on which the use is proposed; and
(c) All persons who have requested to be on the mailing list for that development project. [Ord. 632-91 § 27.03, 10-22-91].
18.140.040 Action by planning commission.
The planning commission may approve or deny the variance and may require changes and/or impose any conditions of approval as are necessary to carry out the purpose of this title. The decision of the planning commission becomes effective 10 days after the date of decision unless an appeal has been received. [Ord. 632-91 § 27.04, 10-22-91].
18.140.050 Required findings for variances.
The planning commission may approve or conditionally approve an application for a variance only if all of the following findings are made:
(1) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class or use in the same zone in the vicinity;
(2) The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship and would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district;
(3) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district; and
(4) That granting the variance or its modification will not be materially detrimental to the public health, safety, or welfare. [Ord. 632-91 § 27.05, 10-22-91].
18.140.060 Appeal.
Appeal from any decision of the planning commission may be made in writing to the city council within 10 days from the date of the commission’s action. All decisions made by the city council are final. [Ord. 632-91 § 27.06, 10-22-91].
18.140.070 Expiration.
In any case where a use, permitted by a variance permit, is not made on the property subject to the variance permit within the time specified in the permit or within one year after the date of granting thereof, then without further action the permit shall be null and void, and such use shall not be made of the property except on the granting of a new variance permit. [Ord. 632-91 § 27.07, 10-22-91].
18.140.080 Extension.
The applicant or property owner may apply to the hearing officer for a one-year extension of the variance prior to the expiration of said permit in accordance with WMC 18.140.020. [Ord. 632-91 § 27.08, 10-22-91].
18.140.090 Revocation.
In any case where the conditions of granting of variance have not or are not complied with, the city council shall give notice to the permittee of intention to revoke such variance at least 10 days prior to hearing thereon. After conclusion of the hearing, the council may revoke such variance. [Ord. 632-91 § 27.09, 10-22-91].