Brewster City Zoning Code
CHAPTER 17
38 VARIANCES
§ 17.38.010 Variance-Generally.
Applications for variances from the terms of this title, the official city zoning map, or other land use regulatory ordinances of the city may be permitted pursuant to the terms and conditions set forth in this chapter.
(Ord. 544 § 2 (part), 1992)
§ 17.38.020 Application.
A written application for a variance from zoning ordinances and any other land use regulatory ordinance or plan shall be submitted to the city clerk/treasurer on forms prescribed by the city clerk/treasurer and shall include such information as requested thereon. No application shall be accepted unless it complies with such requirements.
(Ord. 544 § 2 (part), 1992)
§ 17.38.030 Fee.
The variance application shall be accompanied by a nonrefundable fee established by resolution of the city council. No action shall be taken upon the application until the fee has been paid.
(Ord. 544 § 2 (part), 1992)
§ 17.38.040 Public hearing notification.
A.
Before a request for a variance is acted upon by the city council, the council shall consider the application at a public hearing. Notice of the city council public hearing on the application for a variance shall identify the property that is the subject of the variance application, and the date, time and place of the public hearing and contain a general description of the variance requested.
B.
The notice described in subsection A of this section shall be:
1.
Mailed to all property owners within three hundred feet of the boundaries of the property to which the variance application applies and within three hundred feet of the boundaries of any property owned by the applicant located adjacent to the property to which the variance application applies at least ten days prior to the hearing date; and
2.
At the discretion of the mayor, additional announcement of the public hearing may be given by posting copies of the notice in a conspicuous place at or near the location of the proposal, or by such radio and/or press advertisement as deemed necessary by the mayor.
C.
For purposes of mailing notices, the city clerk-treasurer shall compile a list of the names and addresses of the owners of record owning property within three hundred feet of the boundaries of the property that is the subject of the variance from the records of the county assessor. Mailing notices to the property owners on the list shall constitute compliance with all notice mailing requirements of this chapter.
(Ord. 544 § 2 (part), 1992; Ord. 625 § 1, 1995; Ord. 836 § 1, 2011)
§ 17.38.050 Approval or denial of application-Standards.
Applications for variances from the terms of the zoning ordinances, from the official zoning map, and from other city land use regulatory ordinances may be granted only if the city council finds:
A.
The variance does not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located;
B.
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 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.
(Ord. 544 § 2 (part), 1992)
§ 17.38.060 Conditions of approval.
In approving any variance, the city council may impose reasonable conditions to ensure that the variance shall not be materially detrimental to the public welfare or injurious to property or improvements in the area.
(Ord. 544 § 2 (part), 1992)
§ 17.38.070 Appeal.
The action of the city council on an application for a variance shall be final. Any city council decision shall be subject to review by the Okanogan County superior court pursuant to RCW 36.70C, the Land Use Petition Act, as it now exists or as may be hereafter amended; provided that the petition shall be made to the court within twenty-one days from any decision so to be reviewed. The cost of transportation of all records ordered certified by the court for such review shall be home by the appellant at the rate prescribed by the administrator of this title. Such costs shall not exceed the amount necessary to reimburse the city for its expenses actually incurred.
(Ord. 544 § 2 (part), 1992; Ord. 625 § 2, 1995)