Chapter 20.86
ADJUSTMENTS
Sections:
20.86.005 Adjustments and authority to grant.
20.86.010 Required findings to grant.
20.86.012 Adjustments for minor residential infill development.
20.86.015 Conditions on adjustment approvals.
20.86.020 Planning and community development director action on adjustment applications.
20.86.025 Appeal of community development director’s action.
20.86.040 Cancellation of an adjustment.
20.86.000 Scope and purpose.
This chapter is intended to detail the procedures and responsibilities of the planning and community development director in the processing, consideration and issuance of minor adjustments to strict application of the provisions of zoning whenever such provisions are unduly prohibitive to reasonable use of property as intended by this title. (Ord. 2523 § 1, 1997; Ord. 2478 § 1, 1996; Ord. 2147 Exh. A, 1987).
20.86.005 Adjustments and authority to grant.
Upon filing of a proper application, the community development director shall have the authority, subject to the provisions of this chapter, to grant, upon such conditions the director may determine, adjustments to required property development standards, as follows:
(1) A decrease of not more than 20 percent of required lot area, width or depth;
(2) A decrease of not more than 20 percent of the required width of side, front, or rear yard or yard between buildings. For purposes of this subsection, landscaped setbacks, as required in this title, shall not be considered side, front or rear yard setbacks;
(3) An increase of not more than 60 percent of the permitted projection of cornices, sills, eave projection, unenclosed awnings, and unenclosed and uncovered decks into a required front, side or rear yard;
(4) An increase of not more than 20 percent in the maximum permitted height of buildings, fences or structures, or maximum permitted lot coverage;
(5) A decrease of not more than 20 percent in the number of required parking spaces;
(6) An increase of not more than 10 percent in the permitted height or area of a sign.
In the event that an adjustment request is companion to another permit application (i.e., relates to the same property or project) which requires hearing examiner review, such as a conditional use permit, the adjustment shall be noticed for, and heard by, the examiner jointly with the companion case. Adjustment findings would still be used in such jointly-reviewed cases. (Ord. 2541 § 1, 1998; Ord. 2523 § 1, 1997; Ord. 2513 § 1 (Att. A § 7), 1997; Ord. 2478 § 1, 1996; Ord. 2346 § 1(17), 1993; Ord. 2147 Exh. A, 1987).
20.86.010 Required findings to grant.
Each determination granting an adjustment shall be supported by written findings showing specifically wherein all of the following conditions exist:
(1) The adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties within a radius of 1,000 feet or within the boundaries of the same subdivision, whichever is greater (i.e., “vicinity”); and
(2) The granting of the adjustment will not be detrimental to the public health, safety, comfort, convenience and general welfare, and will not adversely affect the established character of the surrounding neighborhood or will not be injurious to the property or improvements in the vicinity as defined in subsection (1) of this section; and
(3) The adjustment is necessary because of special circumstances relating to the size, shape, topography, unusual natural features, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity as defined in subsection (1) of this section. Such circumstances shall not be the result of some action caused by the applicant and/or previous property owners. (Ord. 2662 § 3, 2000; Ord. 2523 § 1, 1997; Ord. 2147 Exh. A, 1987).
20.86.012 Adjustments for minor residential infill development.
The planning director shall have the authority to waive the adjustment finding under PMC 20.86.010(3) upon finding that:
(1) The adjustment request pertains to only a single application of one of the development standards as listed in PMC 20.86.005(1) or (2) and the applicant or property owner seeking the waiver has not made any other requests to waive the requirements of PMC 20.86.010(3) on any other properties within a radius of 1,000 feet or within the boundaries of the same subdivision, whichever is greater; and
(2) The property for which the adjustment is requested is zoned RS or RM; and
(3) Any new structure(s) or structural additions enabled by the adjustment shall be designed to be compatible (e.g., scale, bulk, facade treatment, etc.) with other residential structures in the immediate vicinity. (Ord. 2866 § 10, 2006; Ord. 2754 § 10, 2003).
20.86.015 Conditions on adjustment approvals.
The director shall have the authority to impose conditions and safeguards as the director deems necessary to protect and enhance the health, safety and welfare of the surrounding area, and to assure that the proposed adjustment fully meets the criteria set forth in PMC 20.86.010. (Ord. 2523 § 1, 1997; Ord. 2147 Exh. A, 1987).
20.86.020 Planning and community development director action on adjustment applications.
Upon the filing of a properly completed application for adjustment, the director shall, within 28 calendar days, make an initial determination whether the application is complete or not pursuant to PMC 20.11.006 and also whether it complies with the required findings as contained in PMC 20.86.010 and any other applicable sections of this title. Within 14 calendar days of making these determinations, the director shall notify by mail the applicant and the owners of all adjacent property informing them of the requested adjustment and the city’s initial determination to issue the adjustment (including any conditions of approval, if applicable). For purposes of this notice, “adjacent properties” shall mean all properties immediately abutting the subject property, as well as those properties located directly opposite the subject property across any public right-of-way of less than 100 feet in width. (Ord. 2523 § 1, 1997; Ord. 2478 § 1, 1996; Ord. 2346 § 1(17), 1993; Ord. 2316 § 1, 1992; Ord. 2147 Exh. A, 1987).
20.86.025 Appeal of community development director’s action.
(1) If a written objection to the initial determination notice is filed by any such property owner or by the applicant within 10 business days of said notification, the community development director shall reconsider the initial determination in light of the objection(s) as raised and render a final decision on the permit. This final decision shall result in either the director’s affirmation of the original determination of adjustment approval, the approval of the adjustment with additional conditions, or adjustment denial.
(2) Upon completion of the director’s reconsideration, all parties notified of the initial determination shall receive notification of the director’s final decision. Any such party aggrieved by the director’s final decision may file an appeal of that decision to the hearing examiner. Such appeals for hearing examiner review must be filed within 10 business days from the date the written decision was made and shall include the following:
(a) The appeal shall be filed on forms provided by the community development director.
(b) The appeal shall clearly state the decision being appealed, setting forth the specific reason, rationale, and/or basis for the appeal.
(c) Fees associated with the appeal shall be paid to the city upon filing of the appeal in accordance with a fee schedule established by resolution.
(3) Upon filing of a timely and complete appeal, the hearing examiner shall conduct a public hearing to consider the merits of the appeal. This hearing shall be subject to the noticing and public hearing requirements set forth in Chapter 20.12 PMC, and shall include notification of all parties notified of the director’s final decision. The hearing examiner may affirm, modify, or deny the director’s decision or may remand the matter to the director for further review in accord with the examiner’s direction.
(4) If no written objection is filed to the initial determination within the specified time limits, the director shall render a final decision on the permit in accord with the initial determination. (Ord. 2523 § 1, 1997; Ord. 2346 § 1(17), 1993; Ord. 2147 Exh. A, 1987).
20.86.030 Expiration.
An adjustment granted by the director shall become null and void if not exercised within the time specified in such adjustment; no administrative adjustment approval shall exceed a maximum of one year. An adjustment shall be deemed exercised and remain in full force and effect when a complete building permit has been submitted which is related to the structure which received the adjustment, or a complete civil engineering permit is submitted if no building permit is required for the approved project. If such adjustment is abandoned or is discontinued for a continuous period of one year, it may not thereafter be reestablished unless authorized in accordance with the procedure for adjustment prescribed in this chapter. (Ord. 3113 § 6, 2016; Ord. 2523 § 1, 1997; Ord. 2147 Exh. A, 1987).
20.86.035 Extension of time.
Upon written request by a property owner or his/her authorized representative prior to the date of adjustment expiration, the director may grant an extension of time up to but not exceeding one year. Such extension of time shall be based upon a finding that there has been no material change of circumstances applicable to the property since the granting of said adjustment which would be injurious to the neighborhood or otherwise detrimental to the public health, safety and general welfare. (Ord. 2523 § 1, 1997; Ord. 2147 Exh. A, 1987).
20.86.040 Cancellation of an adjustment.
A valid adjustment granted by the director may be canceled at any time. Cancellation must be initiated by the owner of the property covered by adjustment by means of a written request to the planning director. Said adjustment shall then become null and void upon receipt of the director of the written request. (Ord. 2523 § 1, 1997; Ord. 2147 Exh. A, 1987).