Chapter 16.28
VARIANCES
Sections:
16.28.010 Purpose.
It is the purpose of this chapter to establish review and approval procedures for unusual or unique physical hardships that may be encountered when improving a site specific piece of property. The criteria for granting a variance for the dimension requirements of the zoning code are intentionally stringent, and approval of a variance does not set precedent for any other variance. No variance for an exception to the uses allowed in a particular zoning district can be approved. (Ord. 1244-16 § 3 (Exh. A))
16.28.020 Variance process.
An application of a variance can be made to the city of Sultan on a form provided by the planning staff. Information that may be required for variance review process and decision by hearing examiner can also be provided by the planning staff. (Ord. 1244-16 § 3 (Exh. A))
16.28.030 Variance criteria.
No application for a variance shall be granted unless the hearing examiner finds:
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 their application was filed is located; and
B. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and
C. That such variance is necessary:
1. Because of special circumstances set forth in the findings relating to 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; and
2. Because for reasons set forth in the findings, the variance as approved would contribute significantly to the improvement of environmental conditions, either existing or potentially arising from the proposed improvement. (Ord. 1244-16 § 3 (Exh. A))
16.28.040 Variance appeal.
The decision of the hearing examiner on a variance application is final. Hearing examiner’s decisions may be appealed to the Snohomish County superior court by a party with standing in accordance with the procedures of Chapter 36.70C RCW, or other court of competent jurisdiction as provided by law. (Ord. 1244-16 § 3 (Exh. A))