16.28.110 Variance.
A variance is the relaxation of the density, setback, height, or sign standards of this title beyond those provided for by this chapter. Prior to submission of a variance application, the developer is encouraged to attend a pre-application conference with the planner. The purpose of the pre-application conference is to permit the applicant to explain the situation that gives rise to the need for a variance and for city staff to explain the standards that must be met before a variance may be granted and to indicate the types of information that will be necessary to justify the variance. The variance pre-application conference may be combined with any permit pre-application conference.
A. Application. An application for a variance must be submitted to the planner. The application must be accompanied by a site plan of the relevant part of the parcel or lot. The planner may require that the site plan be produced by a registered professional engineer or land surveyor. The site plan shall depict all information relevant to the variance request.
B. All variances require a public hearing by the commission. The notice, comment period and hearing procedure shall be the same as those for a conditional use in WMC 16.16.040.
C. Variance Standards. A variance may be granted only if:
1. The conditions upon which the variance application is based do not apply generally to properties in the district or vicinity other than the property for which the variance is sought;
2. Such conditions arise out of natural features inherent in the property such as shape or topographical conditions of the property or because of unusual physical surroundings, or such conditions arise out of surrounding development or conditions;
3. Because of such conditions the strict application to the property of the requirements of this chapter will result in an undue, substantial hardship to the owner of the property such that no reasonable use of the property could be made;
4. The special conditions that require the variance are not caused by the person seeking the variance, a predecessor in interest, or the agent of either; and
5. The variance is not sought solely to relieve pecuniary hardship or inconvenience.
D. If a property qualified for a variance under this section, the variance granted must meet the following conditions:
1. The deviation from the requirement of this title that is permitted by variance may be no more than is necessary to permit a reasonable use of the lot;
2. The variance will not permit a land use that is prohibited by this title;
3. The variance is in keeping with the spirit and intent of this chapter and the requirements from which relief is sought;
4. The variance will not be detrimental to the public health, safety or welfare; and
5. The variance will not significantly adversely affect other property. (Ord. 11-30 § 2, 2011; prior code § 16.43.820)