Chapter 17.140
VARIANCES

Sections:

17.140.010    Authorization to grant or deny variances.

17.140.020    Variance procedure.

17.140.030    Authorization to grant or deny minor variances.

17.140.010 Authorization to grant or deny variances.

The planning commission may authorize variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause an undue or unnecessary hardship, except that no variance shall be granted to allow the use of the property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance, the planning commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purpose of this title. No variance shall be granted unless it can be shown that all of the following conditions exist:

A. Exceptional or extraordinary conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of the lot size, topography or other circumstances over which the applicant has no control.

B. The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zone or vicinity.

C. The authorization of the variance shall not be materially detrimental to the purpose of this title, be injurious to the property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any development pattern or policy.

D. It is impractical to maintain the zoning ordinance requirements and, at the same time, build, erect or use the structure as desired. [Ord. 950 § 104, 1991.]

17.140.020 Variance procedure.

The procedure to be followed in applying for and acting on a variance shall be substantially the same as those provided in Chapter 17.130 JCMC for the case of a conditional use. [Ord. 950 § 105, 1991.]

17.140.030 Authorization to grant or deny minor variances.

The city administration may grant a minor variance to the requirements of this title where it can be shown that owing to special and unusual circumstances, strict application of this title would cause an undue or unnecessary hardship. In granting a minor variance, conditions may be imposed which are necessary to protect the best interest of the surrounding property or vicinity or otherwise achieve the purpose of this title.

A. Minor Variances. One variance involving the following may be granted by the city administration after a thorough examination and upon presentation of evidence that the variance requested involves one of the issues listed below:

1. Deviation from a minimum property development standard by not more than 10 percent;

2. Expansion of a conditional or nonconforming use by not more than 15 percent of the gross building volume; and

3. Extension or restoration of a nonconforming structure.

B. Procedure. Upon receipt of the application form and payment of 50 percent of the usual application fee for a variance, the city administration shall render a decision within five working days, or the decision may be deferred to the planning commission. Additional information may be requested to arrive at a decision; and, if so, the decision shall be rendered within five working days following the submission of such information.

C. Notice. Should a minor variance be granted by administrative action, a notice of the variance decision and reasoning shall be mailed to all property owners abutting the subject property, exclusive of any public rights-of-way, soliciting comments or objections. If any written objections to the proposed variance are received within 10 days of the mailing, a public hearing shall be required in accordance with this chapter. If no objections to the variance are received within the 10-day period, the variance shall become effective at the end of that period.

In addition to notice to abutting property owners, the planning commission shall be notified of all minor variances granted by administrative variance. [Ord. 950 § 106, 1991.]