Chapter 17.52 VARIANCES

The city may grant variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause undue or unnecessary hardship. No variance shall be granted to allow the use of property for purposes not authorized in the district in which the proposed use would be located. In granting a variance the city may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this title. (Ord. 1040 § 2, 2000: Ord. 878 § 1, 1994: Ord. 807 § 1, 1991: Ord. 516 § 3 (part), 1970; Ord. 491 § 12.01, 1966).

No application for variance shall be granted unless the city finds:
A. The variance shall not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and
B. That such 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 zone in which the subject property is located; and
C. That 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 zone in which the subject property is situated; and
D. The hardship asserted by the applicant is not the result of the applicant’s or the owner’s action. (Ord. 1040 § 3, 2000: Ord. 807 § 2, 1991: Ord. 516 § 3 (part), 1970; Ord. 491 § 12.02, 1966).

A request for a variance may be initiated by a property owner or his authorized agent by filing an application with the city clerk-treasurer on forms prescribed by the city council at least forty-five days prior to the hearing examiner meeting at which the proposal is to be reviewed. The completed application shall be accompanied by a statement showing the conditions for granting under Section 17.52.020 have been met by the applicant’s property, together with a site plan, drawn to scale, showing the dimensions and arrangements of the proposed development and its relationship to the surrounding property, together with a fee as established by resolution of the city council, which shall be nonrefundable. In addition to such fee, the person filing such request shall pay on demand by the city clerk-treasurer, the actual costs incurred by the city in connection with such request, and all actions taken pursuant thereto for copying, publication costs, postage, hearing examiner charges and recording fees. No final action shall be taken upon such request until the application is deemed complete by the city clerk and until all such fees and costs have been paid in full. The fees herein provided may hereafter be increased or decreased by resolution duly enacted by the city council. (Ord. 1119 § 18, 2003: Ord. 1040 § 4, 2000: Ord. 878 § 2, 1994: Ord. 807 § 3, 1991: Ord. 627 § 1, 1979: Ord. 516 § 3 (part), 1970; Ord. 491 § 12.03(1), 1966).

Before a request for a variance is acted upon it shall first be considered at a public hearing before the hearing examiner. Notice of the public hearing shall be given as specified in either subsections A or B of this section.
A. By sending copies of the notice by mail not less than seven days prior to the date of hearing to all property owners whose property abuts, touches, or adjoins, or is directly across a street or an alley from the property involved, using for this purpose the names and addresses of owners as shown upon the records of the county assessor’s office. Failure to send notice to a person shall not invalidate any proceedings in connection with the application for a variances.
B. By posting not less than three copies of this notice, printed or written, in a conspicuous place at or near the location of the proposed variance.
C. By such additional advertisement as may be deemed necessary through the radio or press at the discretion of the hearing examiner. (Ord. 1040 § 5, 2000: Ord. 878 § 3, 1994: Ord. 807 § 4, 1991; Ord. 516 § 3 (part), 1970; Ord. 491 § 12.03(2), 1966).

A. Upon receipt of a completed variance application request, the planning commission secretary in conference with the hearing examiner shall set the date for a public hearing to review such application. Such hearing shall be set not later than forty-five days after receipt of the completed application by the city clerk-treasurer. The planning commission secretary shall provide notice of such hearing pursuant to Section 17.52.040.
B. Any person interested in any application for variance may appear at the public hearing set for review thereof and present his remarks. Upon conclusion of the hearing the hearing examiner shall approve the variance request, deny the variance request or approve the variance request with conditions as authorized by the Kalama zoning code or the Kalama SEPA ordinance.
C. The hearing examiner may recess a hearing on a request for a variance, at the request of the applicant, in order to allow the applicant to provide additional information. The hearing examiner may also recess the variance public hearing on its own motion, in order to obtain additional information itself. Upon necessity of recess for these purposes, the hearing examiner shall announce the time and date when the hearing will be resumed.
D. The hearing examiner shall render the decision on the variance request as prescribed in Sections 2.34.130 and 2.34.140 of this code. All action on a variance request shall be completed within sixty days after the date of the first public hearing unless the applicant has requested an extension of the public hearing and has failed to provide additional information to the hearing examiner in a timely fashion, in which case at the end of such sixty-day period the hearing examiner shall deny the variance application. (Ord. 1040 § 6, 2000: Ord. 878 § 4, 1994).