Chapter 18.58
VARIANCES
Sections:
18.58.020 Application – Contents and fee.
18.58.040 Granting – Findings required.
18.58.050 Notification of hearing examiner decision.
18.58.060 Specific property restriction.
18.58.070 Application resubmittal – Appeal.
18.58.010 Intent.
Where difficulties exist rendering compliance with the zoning ordinance impractical and such compliance would create unnecessary hardship to the owners or users of land or buildings, the hearing examiner may grant a variance after due notice and a public hearing. The variance procedure applies to mechanical problems, such as structure height, yard setbacks, parking requirements, etc.
(Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1990; Ord. 883, Added, 05/06/1984)
18.58.020 Application – Contents and fee.
A request for a variance shall be submitted on an application form available at the Tumwater community development department. Each application shall be accompanied by a site plan, floor plan, and a fee as established by resolution of the city council to help defray the cost of handling the application, no part of which is refundable. Additions or deletions to the contents of the application may be made by the administrative official.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O95-035, Amended, 12/19/1995; Ord. 1147, Amended, 12/15/1987; Ord. 883, Added, 05/06/1984)
18.58.030 Hearing.
A. Upon the filing of an application for a variance permit, the hearing examiner shall set a time and place for a public hearing to consider the application.
B. A written notice of any public hearing shall be mailed to all property owners as listed on records of the Thurston County assessor within a three-hundred-foot radius of the external boundaries of the subject property. In addition, notice shall be published at least ten days prior to the hearing in at least one newspaper of general circulation within the city. The applicant in accordance with specifications provided by the community development department shall post the written notice in a conspicuous place at or near the location of the proposal. Each notice shall include the time, date, place, purpose of the hearing, and location of the subject proposal.
(Ord. O2018-007, Amended, 10/16/2018; Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1990; Ord. 883, Added, 05/06/1984)
18.58.040 Granting – Findings required.
A. A variance may be granted, after investigation, provided all of the following findings of fact exist:
1. That special conditions exist which are peculiar to the land, such as size, shape, topography, or location, not applicable to other lands in the same district, and that literal interpretation of the provisions of this title would deprive the property owners of rights commonly enjoyed by other properties similarly situated in the same district under the terms of this title;
2. That the special conditions and circumstances are not the result of actions of the applicant;
3. That the granting of the variance requested will not confer a special privilege to the property that is denied other lands in the same district;
4. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property of improvements of the vicinity and zone in which the subject property is situated; and
5. That the reasons set forth in the application justify the granting of the variance, and that the variance, if granted, would be the minimum variance that will make possible the reasonable use of the land.
B. In no event may a variance be granted if it would permit a use that would not be permitted as a primary, accessory or conditional use in the district involved.
(Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)
18.58.050 Notification of hearing examiner decision.
Not later than five working days following the decision of the hearing examiner granting or denying the application, the applicant and parties of record shall be notified of the decision in writing. Such written notification shall include the findings of fact for denial or approval, whichever is applicable.
(Ord. O2000-004, Amended, 07/18/2000; Ord. O99-001, Amended, 04/20/1999; Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1990; Ord. 883, Added, 05/06/1984)
18.58.060 Specific property restriction.
Any variance permit, if granted, shall pertain only to the specific property for which the application was made. Such granted variance does not apply to any other property he/she may control.
(Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)
18.58.070 Application resubmittal – Appeal.
An application which has been denied by the hearing examiner shall not be resubmitted to the hearing examiner within six months of the date of denial. The decision of the hearing examiner may be appealed pursuant to TMC 2.58.150.
(Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1990)