All variance requests under this chapter shall be processed as either Type 1 or Type 2 applications. The request shall be made on forms provided by the Director. Matters related to the application shall be reviewed, and findings made as to consistency with this chapter. The Director may coordinate review with those county agencies that have an interest in the application.
(Ord. 15-030 § 3, 3-10-2015)
A. 
An application for variance shall be subject to Type 1 review if the variance is for up to and including 25 percent of the numerical standard in question. A Type 1 variance shall be reviewed administratively by the Director.
B. 
No less than 14 days prior to issuing a written decision in accordance with this section, the Director shall provide written notice via U.S. mail of the Type 1 variance application to all landowners of record within 300 feet of the subject property. Said notice shall be addressed as shown on the current tax rolls.
C. 
The Director shall, in making an order, decision, or termination, include in the written record of the case the findings of fact upon which the action is based.
D. 
Appeals of the decision of the Director shall be processed in accordance with CCC § 18.10.370 through § 18.10.395.
(Ord. 15-030 § 4, 3-10-2015)
A. 
An application for variance shall be subject to Type 2 review if the variance requested is more than 25 percent of the numerical standard in question. As set forth in Chapter 2.05 CCC, the Cowlitz County Hearing Examiner shall have the power to grant Type 2 variances. The Director shall transmit their findings regarding the application to the Hearing Examiner 10 days prior to the public hearing set pursuant to Chapter 2.05 CCC.
B. 
Upon receipt of a complete application for a Type 2 variance, the Director shall set the time and place for a public hearing on the subject matter.
C. 
Written notice of the Type 2 variance hearing shall be mailed to all landowners of record within 300 feet of the subject property. Said notice shall be addressed as shown on the current tax rolls and transmitted via U.S. mail not less than 14 days prior to the hearing date.
D. 
Notice of time, place, and purpose of the Type 2 variance hearing shall be made not less than 14 days prior to the hearing date. A copy of the Hearing Examiner's hearing notice shall be transmitted to the applicant.
E. 
The Hearing Examiner shall, in making an order, decision, or termination, include in the written record of the case the findings of fact upon which the action is based. The Hearing Examiner decision shall be appealable in the manner to a court of competent jurisdiction as proscribed by state law.
(Ord. 15-030 § 5, 3-10-2015)
A. 
The responsible official may grant a variance to numerical standards, including, but not limited to, setbacks, buffers, building height, landscaping, width, lot area, lot coverage, lot dimensions and parking standards.
B. 
The applicant shall provide substantial evidence that the following conditions exist:
1. 
Unusual circumstances are applicable to the subject property, which may include size, shape, topography, surroundings or location.
2. 
The strict application of this chapter would deprive the applicant of property rights and privileges enjoyed by others in the vicinity.
C. 
The responsible official shall approve the variance request if, based on substantial evidence in the record, the applicant has sustained the burden of proving the variance complies with all of the following:
1. 
The variance will not be materially detrimental to public health, or injurious to property in the vicinity or district in which the property is located.
2. 
The variance will not detract from livability or appearance of a residential area, or character of a nonresidential area.
3. 
The variance will not adversely effect significant natural, scenic, historic, cultural, open space or energy resources.
4. 
The variance will not materially compromise the goals and policies of the Comprehensive Plan, or the spirit of this chapter.
5. 
If more than one variance is requested, the cumulative effect shall be consistent with this chapter.
D. 
Adverse impacts resulting from the variance shall be mitigated to the extent practicable.
(Ord. 15-030 § 6, 3-10-2015)