Chapter 17.105
VARIANCES
Sections:
17.105.020 Procedures and criteria.
17.105.030 Application content.
17.105.040 Basis for decision.
17.105.010 Intent.
The purpose of this chapter is to provide a process and criteria to allow the city council to waive the bulk, setback and/or density requirements of this title under certain circumstances. (Ord. 786 § 2 (Exh. B), 2017; Ord. 778 § 2 (Exh. A), 2017).
17.105.020 Procedures and criteria.
Variances shall be processed according to permit processing procedures outlined in Chapter 19.05 TMC. The city council shall hold public hearings and decide on all applications for variances from the terms of the zoning ordinance after consideration and recommendation by the planning commission; provided, that no variance shall be granted unless the city council finds that each of the following criteria are met, or may be met as a result of conditioning the permit:
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. If the requested variance does not somehow compensate for a deprived right or privilege as provided in subsection B. the variance would constitute a special privilege.
B. The 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. An example of such circumstances may be that a lot was established in a subdivision of which a portion may be unbuildable because of steep slopes; or, an adjacent property has a nonconforming side yard setback, in which case a fence taller than the allowable height or a setback on another portion of the property may need to be varied to allow the applicant the privacy or buildable space commensurate to that enjoyed by other lot owners in the district.
C. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zoning district in which the subject property is located. For instance, a building proposed to be taller than the allowable height may block views or natural light to adjacent buildings; or increasing the allowable lot coverage may contribute to runoff from storm events. Cumulative impacts shall be considered.
D. Economic benefit shall not be considered grounds for granting a variance. For example, if the applicant asserts that the variance is necessary to enhance the value of a building for resale value, or increase the city’s tax base; this information shall not be used to qualify the variance.
E. That the hardship asserted by the applicant is not the result of the applicant’s or owner’s action. For instance, in a case where an addition is made to a building where the applicant did not comply with the required setback, the fact that the addition would have to be demolished shall not be considered a hardship. Another example may be that an applicant ordered a manufactured home that does not meet setbacks or minimum lot size; in which case, the applicant caused the hardship. An exception to this may be in the case that the applicant can provide evidence that the availability of manufactured home sizes is severely limited, or a protrusion of a particular manufactured home makes a minor penetration of the setback or height area which is a characteristic over which the applicant may have little control. (Ord. 786 § 2 (Exh. B), 2017; Ord. 778 § 2 (Exh. A), 2017).
17.105.030 Application content.
Application contents and procedures shall follow the requirements for a Type III action in Chapter 19.05 TMC. (Ord. 786 § 2 (Exh. B), 2017; Ord. 778 § 2 (Exh. A), 2017).
17.105.040 Basis for decision.
A. The planning commission and city council shall each issue a finding of facts and conclusions and cause the same to be written for the record. Said finding of facts and conclusions shall provide the basis for their recommendations or decisions on variances that includes their interpretation of how each variance criteria is or is not satisfied by the project proposal or by conditions of the approval, or both.
B. The basis for decisions on variances shall be filed as records of decisions for variances and shall be considered by each decision-making or recommending body in determining whether future variances should be approved. An effort shall be made to be consistent with historical decisions on variances unless it is found that earlier decisions are found to be inconsistent with the provisions of this title, as it presently exists or may hereafter be amended. (Ord. 778 § 2 (Exh. A), 2017).