18.80.050 Variance.
A variance is the relaxation of the density, setback, height or parking standards of this chapter beyond those provided for by this chapter. A variance is designed to allow the adjustment of regulations of this chapter in special cases where unusual physical features of a particular parcel involved would make a strict application of the zoning regulations unreasonable. Under no circumstances shall a variance be granted to permit a use of land or structure which is not otherwise permitted in the zone involved. The intent of the policies for which variances may be granted follows:
Density: The intent of density regulation is to prevent over-building on a lot that could cause property devaluation, to protect the aesthetic value of the property and provide for fire safety.
Setbacks: The intent of setback regulation is to allow for a certain amount of privacy and outdoor living space around a structure, promote fire safety, prevent snow depositing on adjacent properties, allow room for snow removal, promote safe conditions for off-street parking and vehicular access to public rights-of-way, and provide an adequate sight triangle for the safe approach of vehicles to intersections.
Height: The intent of height regulation is to promote fire safety, protect views and maintain “small town” aesthetic values.
Parking: The intent of the parking regulation is to allow for adequate, convenient and safe parking by all users of developments. Variances will only be authorized if a developer can show quantifiably that the regulation requires more parking than is necessary for the development, i.e., developer can show, based upon how space in the development is used, that the development’s potential capacity requires less parking than that identified by the general parking chart guideline.
Prior to submission of a variance application, the property owner or duly authorized agent or representative is encouraged to attend a pre-application conference with the manager. 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 the manager 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 a permit pre-application conference.
A. Application. An application for a variance must be submitted to the manager. The application must be accompanied by all supporting material and the permit fee. The application shall state the variance request, contain an elevation drawing and a plot plan indicating the date, north arrow, the scale used for the plot plan, exterior property boundaries and approximate dimensions, location of significant, unique or unusual physical features of the property and the approximate dimensions; location of all existing and proposed buildings on the property and their approximate distance from lot lines; access for ingress and egress; all easements on the property; construction details; approximate dimensions of parking areas and spaces; if applicable, a narrative describing the reasons for the requested variance, and other information as necessary to illustrate the need for the variance. The manager may require that the plans be produced by a registered professional engineer or land surveyor. The manager shall certify the application when it is complete and immediately forward the certified application to the planning commission.
B. Public Hearing/Notice. All variances require a public hearing by the commission. The notice, comment period and hearing procedure shall be the same as those for conditional uses in Chapter 18.50 HBC.
C. Variance Standards. A variance may be granted only if:
1. Except for significant structures areas, the conditions upon which the variance application is based do not apply generally to properties in the zone or vicinity other than the property for which the variance is sought; and
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; and
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; and
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 financial hardship or inconvenience; and
6. The variance will not permit a land use in a zone in which that use is prohibited.
D. Conditions on Approval. If a property qualifies for a variance under this section, the variance granted must meet the following conditions:
1. The deviation from the requirement of this chapter 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 chapter;
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 (i.e., snow will not be deposited on adjacent properties from areas such as roofs).
E. Issuance or Denial. The commission shall, after notice and hearing, from the evidence presented to it, make written findings of fact which support the standards set forth above (in the case where a variance is granted) or which show that the evidence does not support the standards set forth above (in the case where the variance is not granted). Such written findings shall be permanently retained within the minutes of the meeting at which the findings were drafted. (Ord. 11-03-259 § 7)