Chapter 17.68
VARIANCE

Sections:

17.68.010    Conditions for special exceptions.

17.68.010 Conditions for special exceptions.

Where difficulties exist rendering compliance with the zoning ordinance impractical and such compliance would create unnecessary hardship to the owner or user of land or buildings, the hearing examiner may grant a variance after investigation, provided all of the following conditions exist:

A. The difficulty would apply to the particular land or building regardless of the owner;

B. The request for variance is not the result of an illegal act on the part of the applicant;

C. The plight of the owner is due to unique circumstances such as lot size or shape, topography and size of buildings, which are not the general condition of the surrounding area;

D. The hardship asserted as a ground for a variance must arise out of the zoning ordinance;

E. The practical difficulty or unnecessary hardship asserted as a ground for a variance must relate to the premises for benefit of which the variance is sought and not to other premises or personal conditions of the applicant;

F. The granting of a variance must not create significant adverse environmental impacts to adjacent properties;

G. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and district in which the property on behalf of which the application was filed is located;

H. 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 district in which the subject property is located; and

I. 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 district in which the subject property is situated. (Ord. 1138 § 1 (Exh. A), 2008; Ord. 1097 § 1, 2007; Ord. 1039 § 1, 2004).