The purpose of a variance is to provide relief when a strict application of the zoning requirements would impose unusual practical difficulties or unnecessary physical hardships on the applicant. Practical difficulties or unnecessary physical hardships may result from the size, shape or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other conditions on the site or in the immediate vicinity or from population densities, street location or traffic conditions in the immediate vicinity. No variance shall be granted to allow the use of a property for a purpose not authorized within the zone in which the proposed use would be located.
(Ord. 24-05, 6/5/2024)
Reasonable conditions may be imposed in connection with a variance as deemed necessary to protect the best interests of the surrounding property or neighborhood, and otherwise secure the purpose and requirements of this chapter. Guarantees and evidence may be required that such conditions will be and are being complied with.
(Ord. 24-05, 6/5/2024)
A. 
Variances to a requirement of this title, with respect to lot area and dimensions, setbacks, yard area, lot coverage, height of structures, vision clearance, decks and walls, and other quantitative requirements, may be granted only if, on the basis of the application, investigation and evidence submitted by the applicant, all four expressly written findings are made:
1. 
That a strict or literal interpretation and enforcement of the specified requirement would result in practical difficulty or unnecessary hardship and would be inconsistent with the objectives of the comprehensive plan; and
2. 
That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the same zone; and
3. 
That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the near vicinity; and
4. 
That the granting of the variance would support policies contained within the comprehensive plan.
B. 
Variances in accordance with this section should not ordinarily be granted if the special circumstances on which the applicant relies are a result of the actions of the applicant, or owner, or previous owners.
(Ord. 24-05, 6/5/2024)
The city manager shall make or cause to be made an investigation to provide necessary information to ensure that the action on each application is consistent with the variance criteria and shall make a recommendation to the city planning commission.
(Ord. 24-05, 6/5/2024)
A. 
A valid variance supercedes conflicting provisions of subsequent rezonings or amendments to the ordinance codified in this chapter unless specifically provided otherwise by the provisions of the section or the conditions of approval to the variance.
B. 
Variances shall be automatically revoked if not exercised within six months of the date of approval.
C. 
Applications for which a substantially similar application has been denied shall be heard by the planning commission only after a period of six months has elapsed.
(Ord. 24-05, 6/5/2024)
A. 
Variances to requirements of this title with respect to off-street parking and loading facilities may be authorized as applied for or as modified by the planning commission if, on the basis of the application, investigation and the evidence submitted by the applicant, all three of the following expressly written findings are made:
1. 
That neither present nor anticipated future traffic volumes generated by the use of the site or use of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the requirements of this title; or the granting of the variance will protect a wetland or wetland buffer area; and
2. 
That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to materially interfere with the free flow of traffic on the streets;
3. 
That the granting of the variance will not create a safety hazard or any other condition inconsistent with the general purpose of this title or policies contained within the comprehensive plan.
B. 
Where a variance request is being reviewed under this section, only the criteria of this section shall be addressed. The criteria of Section 17.90.030 are not applicable.
(Ord. 24-05, 6/5/2024)
Applications are required for subdivision variances in the following circumstances:
A. 
General. Application for a general variance shall be submitted in writing by the subdivider or partitioner when the tentative plan is submitted for consideration. The application shall state fully the grounds for the request and all the facts relied upon by the applicant in making such a request.
B. 
The planning commission shall consider the application for a variance at the same meeting at which it considers the tentative plan. The variance may be approved or approved subject to conditions provided the planning commission finds that the following standards are met:
1. 
That there are special circumstances or conditions affecting such property;
2. 
That the exception is necessary for the proper design and/or function of the subdivision; and
3. 
That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated. Examples of what may be deemed injurious to other property are (but are not limited to): increased risk of geologic hazard, reduction of privacy, impact upon a significant view and additional traffic generation.
C. 
Cluster Development. Application for such variance shall be made in writing by the subdivider when the tentative plan is submitted for consideration. All facts relied upon by the petitioner shall be fully stated and supplemented with maps, plans or other additional data which may aid the commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan.
1. 
The planning commission may authorize a variance from these regulations in case of a plan for cluster development which, in the judgment of the planning commission, provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs. In making its findings, as required in this chapter, the planning commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the planning commission finds:
a. 
The proposed project will constitute a desirable and stable community development and carry out the purposes of the comprehensive plan with regard to the preservation of natural features;
b. 
The proposed project will be in harmony with adjacent areas.
(Ord. 24-05, 6/5/2024)