18.70.015 Administrative variance.
A. The planning director may, in specific cases, authorize a variance to the development regulations, subject to the criteria set below.
1. Building Setbacks, Lot Coverage, Lot Area, and Lot Width.
a. Applicability. These shall include variances to building setbacks, lot coverage, lot area, and lot width not to exceed 25 percent of a quantifiable standard.
b. Criteria. The planning director may, in specific cases, authorize a variance to the development regulations, subject to compliance with one or more of the following criteria:
i. That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located.
ii. That the special circumstances and conditions associated with the variance are not a result of the actions of the applicant.
iii. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district.
iv. The approval of the variance will be consistent with the purpose of this title and the zoning district in which the property is located.
2. Variance to Building Height.
a. Applicability. The construction of a principal or accessory building which exceeds the height limit may be authorized upon a lot, not to exceed 50 percent of a quantifiable standard. Refer to Chapter 18.29 ACC for varying height within the downtown urban center, DUC zoning district.
b. Additional Public Notice Requirements. If a residential zoning district is within 300 feet of the subject site, then a public comment period shall occur following the procedures contained in ACC Title 14. The planning director or designee shall render a decision within 10 days following the close of the public comment period.
c. Criteria. The planning director may, in specific cases, authorize a variance to the height of buildings, subject to compliance with one or more of the following criteria:
i. Additional height shall be the minimum necessary to afford relief.
ii. That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located.
iii. The approval of the variance will be consistent with the purpose of this title and the zoning district in which the property is located.
B. In authorization of an administrative variance, the planning director may attach such conditions regarding the location, character and other features of the proposed structure or use as they may deem necessary to carry out the intent and purpose of this title and in the public interest.
C. A variance so authorized shall become void after the expiration of one year, or longer period if specified at the time of issuance, if no building permit, occupancy permit or business registration has been issued in accordance with the plans for which such variance was authorized. The planning director may extend the period of variance authorization for one additional year upon a finding that there has been no basic change in pertinent conditions surrounding the property at the time of the original application. (Ord. 6389 § 2, 2011.)