Chapter 25.160
VARIANCES
Sections:
25.160.030 Administrative variance.
25.160.010 Purpose.
A variance is a mechanism by which the city may grant relief from the provisions of the land use code where practical difficulty renders compliance with the provisions of that code an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property and where the purpose of that code and of the comprehensive plan cannot be fulfilled. Variances are not intended to be used as a means of circumventing individually inconvenient regulations, as a means to change the allowable uses in a land use district, or as a means to rezone property. (Ord. 07-854 § 1; Ord. 02-707 § 1)
25.160.020 Procedure.
An administrative variance shall be processed as a Type II procedure and a general variance shall be processed as a Type III procedure. Procedures are set forth in DMC 25.175.010. The elements of a complete application for an administrative and general variance are set forth in DMC 25.150.050, together with the applicant’s written statement of justification, describing the manner in which the variance application meets the criteria for approval in DMC 25.160.030 and 25.160.040. (Ord. 02-707 § 1)
25.160.030 Administrative variance.
Administrative variances may be granted if the applicant demonstrates that approval would result in:
(1) A decrease of not more than 20 percent of the required width of a side, front or rear yard or yard between buildings;
(2) An increase of not more than 10 percent of the permitted projection of cornices, sills, eave projections, fences or structures, maximum permitted lot coverage, unenclosed awnings and unenclosed and uncovered decks into a required front, side or rear yard;
(3) An increase of not more than 10 percent in the maximum permitted height of a building. (Ord. 02-707 § 1)
25.160.040 General variance.
Any application for a variance not meeting the requirements of an administrative variance, DMC 25.160.030, shall be processed as a general variance. (Ord. 02-707 § 1)
25.160.050 Review criteria.
In order to approve an administrative variance or a general variance, the decision maker shall make written findings demonstrating that all of the following criteria have been met:
(1) The proposed variance will not amount to a rezone nor authorize any use not allowed in the land use district;
(2) Special conditions and circumstances exist which are peculiar to the land such as size, shape, topography or location, not applicable to other land in the same land use district, demonstrating that literal interpretation of this title would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the same zoning district under the terms of this title;
(3) The special conditions and circumstances noted in subsection (2) of this section are not the result from the actions of the applicant or property owner;
(4) Granting of the variance requested will not confer a special privilege that is denied other properties in the same land use district;
(5) The granting of the 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; and
(6) The requested variance does not go beyond the minimum necessary to afford relief. (Ord. 02-707 § 1)