20F.40.180 Variances.

20F.40.180-010 Purpose.

A variance is a mechanism by which the City may grant relief 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 can be fulfilled. (Ord. 2118)

20F.40.180-020 Scope.

This section is to provide for the consideration of variances from the strict application requirements of RCDG Title 20C, Land Use Regulations, and RCDG Title 20D, City-Wide Regulations, when unique specified circumstances occur. (Ord. 2118)

20F.40.180-030 Procedure.

Applications for a variance shall follow the procedures for a Type III review pursuant to RCDG 20F.30.40. (Ord. 2118)

20F.40.180-040 Decision Criteria.

Variances may be approved only upon a finding that:

(1)    The variance shall not be materially inconsistent with the limitation upon uses of other properties within the vicinity and land use district in which the subject property is located; and

(2)    Such variance is reasonably necessary, only because of special physical 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 land use district of the subject property; and

(3)    The conditions or situations giving rise to the variance application have not been created or caused by the applicant or recent prior owner of the subject property; and

(4)    The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and land use district of the subject property; and

(5)    The granting of the variance constitutes an equitable application of the requirements of the land use regulations where strict adherence in a given situation would create unnecessary hardship for the property owner; and

(6)    The variance is the minimum necessary to grant relief to the applicant; and

(7)    The variance does not relieve an applicant from conditions established during prior permit review; and

(8)    All approved variances otherwise comply with the requirements of the Redmond Community Development Guide, including the Comprehensive Plan. (Ord. 2118)

20F.40.180-050 Limitation.

The variance procedures shall not be used to deviate from the permitted uses requirements of the permitted land use charts contained in RCDG Title 20C. Instead the procedures for amending the text of the Redmond Community Development Guide and the Zoning Map, pursuant to RCDG 20F.40.60, Development Guide Amendment – Text, and 20F.40.70, Development Guide Amendment – Zoning Map Amendment, shall be utilized. (Ord. 2118)

20F.40.180-060 Recording.

Where applicable, variances shall be recorded with the King County Department of Records and Elections. (Ord. 2118)