Chapter 17.36
VARIANCES

Sections:

17.36.010    Generally.

17.36.010 Generally.

The planning commission may authorize upon appeal in specific cases such a variance from the terms of this title as will not be contrary to state law, including Chapter 58.17 RCW, nor contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the terms of this title will work a special hardship upon the applicant; however, such variance may not be granted by the planning commission unless and until:

A. A written application, accompanied by an application fee as specified by the adopted fee resolution, for a variance hearing, duly advertised, is submitted demonstrating all of the following:

1. That special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands in the same area,

2. That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same area under the terms of this title, and

3. That the special conditions and circumstances do not result from the actions of the applicant, and

4. That the special hardship is not self-inflicted, and

5. That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands in the same area, and

6. That financial gain is not the ground or grounds for the variance, and

7. That the variance granted is the minimum required to accommodate the problem, and

8. That the variance will not nullify the intent and purpose of the comprehensive plan or this title;

B. In granting variances and modifications, the planning commission may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements so varied or modified. (Ord. 746, 1991)