Chapter 18.290
VARIANCES
Sections:
18.290.010 Purpose.
A variance is a mechanism by which the city may grant relief from the provisions of this title where a practical difficulty renders compliance with the provisions of this title an unnecessary hardship, where the hardship is a result of the special circumstances related to physical characteristics of the subject property, and where the purpose of the title can be fulfilled through the approval of a variance. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.290.020 Review authority.
All variance permits shall be processed as Type III applications according to the provisions of Title 19. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.290.030 Approval criteria.
The review authority may permit and authorize a variance of any numerical standard, excluding housing density and lot area, from the requirements of this title. A variance shall be made only when all of the following conditions and facts exist:
A. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located.
B. 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 zone in which the subject property is located.
C. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or zone in which the property is located.
D. The granting of such variance will not adversely affect the realization of the comprehensive plan.
E. The need for a variance was not brought upon by an action of the applicant or property owner. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, X(A)), 2003. Formerly 18.92.010)
18.290.040 Time limits.
A. During City Review of Variance Application.
1. A technically complete application shall be deemed null and void if the applicant fails to submit additional information within one hundred eighty days of the planning director or hearing examiner’s written request; further, a technically complete application shall be deemed null and void if the application has been on hold a combined total of one hundred eighty days. If the additional information has not been submitted and accepted by the city, the application will be closed and a new application will be required to be submitted.
2. A technically complete application which has been on hold for a total of one hundred eighty days may request one one-hundred-eighty-day extension. The extension shall be granted if all of the following are met:
a. The applicant requests such an extension in writing no less than thirty days prior to the expiration of the initial one-hundred-eighty-day time period. Verbal requests will not be accepted.
b. The planning director finds that unusual circumstances beyond the applicant’s control or other good cause have prevented them from providing the additional information within the initial one-hundred-eighty-day time period.
c. The applicant demonstrates the likelihood that the requested information will be provided to the city within the additional one-hundred-eighty-day time period.
d. The planning director shall not grant more than one extension.
If, at the end of the one-hundred-eighty-day extension, the additional information has not been submitted and accepted by the city, the application will be closed and a new application will be required to be submitted.
B. After City Permit Approval. Authorization of a variance shall be void after two years, unless a building permit has been issued. Upon written request by the property owner filed no less than thirty days prior to the date of permit expiration, the planning director may grant an extension of time up to but not exceeding one year. Any extensions of time shall be based upon finding:
1. The land use permit is compliant with all applicable development codes at the time of the extension request.
2. There has been no material change of circumstances applicable to the property since project permit approval.
3. The applicant must provide good cause for the delay, and demonstrate likelihood that the permit will be commenced within the additional year.
4. The planning director shall not grant more than one permit extension. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, X(A)), 2003. Formerly 18.92.010)