[1]
Prior legislation: Ords. 549, 668 and 751.
A variance is a mechanism by which the town may grant relief from the provisions of the municipal code where practical difficulty renders compliance with the provisions of the municipal code an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property, and where the intent of this chapter and of the Yarrow Point comprehensive plan can be fulfilled.
(Ord. 769 § 2 (Att. A), 2025)
This chapter establishes the town's criteria to be used in making a decision upon an application for a variance from the provisions of this title, unless alternate variance criteria for a specific type of land use project are specified elsewhere in this title.
A. 
Limitation. The decision authority shall not grant a variance when any of the following circumstances are applicable to the proposal:
1. 
The variance would allow a permitted or conditional use in a zoning district in which such use is not specifically listed as a permitted or conditional use;
2. 
The variance would allow a use or uses expressly, or by implication, prohibited by the terms of this title specific to the zoning district(s) in which the subject site is located;
3. 
The variance application requests relief from the provisions of Chapter 14.04 YPMC, Project Permit Process, or any other procedural or administrative provision of this title;
4. 
The variance application requests relief from a provision of this title in which it states that such provision is not subject to a variance;
5. 
The variance would relieve an applicant from conditions established during prior permit review or from provisions enacted pursuant to a property-specific development standard;
6. 
The variance would allow the creation of a residential density beyond that which is allowed by this title;
7. 
The need for the variance is the result of deliberate actions of the applicant, property owner, or their predecessor in interest; or
8. 
The variance is primarily intended to alleviate a financial hardship.
(Ord. 769 § 2 (Att. A), 2025)
A. 
Application and Contents. An application for a variance shall be made according to the submittal requirements in Chapter 14.04 YPMC on forms prescribed by the town, and shall include the fee established by the current fee resolution. All variance applications submitted in accordance with this title shall include the information set forth on the forms prescribed by the town. No application shall be deemed complete, nor accepted by the town, until all information set forth below has been submitted:
1. 
Completed application form;
2. 
Names, addresses, and telephone numbers of the owner(s) of record of the land, and of the applicant, and, if applicable, the names, addresses and telephone numbers of any architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant;
3. 
Existing zoning district(s) of the subject site;
4. 
Existing zoning district(s) within 300 feet of the site;
5. 
Existing and proposed use(s) of the project site;
6. 
A site plan drawing at a scale of not less than one inch for each 50 feet, which shall include:
a. 
Locations of all existing and proposed buildings and structures;
b. 
The boundaries of the subject site;
c. 
All setback lines;
d. 
All critical areas and their associated buffers;
e. 
Existing lot area;
f. 
All existing and proposed easements;
g. 
The locations and size of all existing and proposed utility structures and lines;
h. 
The storm water drainage systems for existing and proposed structures;
i. 
Sizes and locations of driveways, streets, and roads;
7. 
Other information and materials may be required by the town to review the application.
(Ord. 769 § 2 (Att. A), 2025)
A. 
Public Notice. Variances shall be subject to all applicable noticing requirements in YPMC § 14.04.060.
B. 
Public Hearing. Pursuant to YPMC § 14.04.020, a public hearing is required for all variance applications.
C. 
Decision. Pursuant to YPMC § 14.04.020, the hearing examiner shall approve, approve with conditions, or deny a variance.
D. 
Decision Criteria. A variance shall not be granted by the hearing examiner unless the applicant demonstrates that the proposal meets all of the following criteria:
1. 
The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zoning district in which the property is located;
2. 
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 zoning district in which the subject property is located;
3. 
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 zoning district in which the subject property is situated;
4. 
The variance is the minimum necessary to grant relief to the applicant;
5. 
The strict enforcement of the provisions of this title will create an unnecessary hardship to the property owner;
6. 
The granting of the variance will not alter the character of the land, nor impair the appropriate use or development of adjacent property; and
7. 
The variance is consistent with the policies and provisions of the comprehensive plan and the development regulations.
E. 
Conditions of Approval. In approving a variance, the hearing examiner may attach thereto such conditions that they deem to be necessary or desirable in order to carry out the intent and purposes of this title.
F. 
Appeals. The action of the decision-making body in granting or denying an application for a variance is a final decision appealable to the King County superior court in accordance with Chapter 36.70C RCW.
G. 
Recording. The recipient of a variance shall file the hearing examiner's decision on title in accordance with this subsection. The variance shall not be effective until such decision has been filed with the King County recorder's office. If no appeal was filed on the variance decision, the hearing examiner decision shall be filed within 30 days of the expiration of all applicable appeal periods. The decision shall serve both as an acknowledgment of an agreement to abide by the terms and conditions of the variance, and as a notice to prospective purchasers of the existence of the variance.
H. 
Expiration. The length of time during which a variance is valid shall be as set forth in the hearing examiner's decision. The date that the variance expires shall be specified in the conditions of approval. Once a variance has been approved and issued by the town, the approved variance may continue as long as all conditions of variance approval are met.
I. 
Extensions. The town planner may grant an extension of the period of variance authorization when requested by the applicant at least 60 days prior to the expiration of the variance. Extension requests shall be submitted in writing and set forth the justification for the request, which shall not be based on financial hardship alone. Only one extension may be granted for the variance for a period not to exceed 365 days.
J. 
Modifications. Requested modifications to a variance shall be reviewed pursuant to the requirements of YPMC § 14.04.120.
(Ord. 769 § 2 (Att. A), 2025)
A permit determined to be in violation of this title, and/or any other applicable permit provisions, permit conditions, rules, or regulations may be revoked, suspended, or modified by the town subject to YPMC Title 1.
(Ord. 769 § 2 (Att. A), 2025)