The land use hearing examiner shall hear and decide applications for variances from the terms of the zoning ordinance, the official map ordinance or other land use regulatory ordinances under procedures and conditions prescribed by city ordinance, which among other things shall provide that no application for a variance shall be granted unless the land use hearing examiner finds:

(1)

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

(2)

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

(3)

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

(4)

That in no instance will the granting of a variance be construed to establish a precedent for approval of any other application for variance under this section.

(Ord. No. 1362, § 1, 5-19-2021)

An application for a hearing under this chapter may be made by any property owner, authorized agent, or any government officer, department, board or bureau affected. Such application, together with all plans, specifications and other papers pertaining to the application shall be filed with the clerk and shall be accompanied by a filing fee in the amount set by fee resolution of the city council.

(Ord. No. 1362, § 1, 5-19-2021)

When an application has been filed in compliance with this title, a date for hearing shall be set. Notice of such hearing shall be given to the public not less than ten days prior to the date of such hearing by posting three notices, one on the site, and two in public buildings in the city. Such notices shall set forth the time, place and purpose of such hearing. Written notices shall be mailed not less than ten days prior to the hearing to the property owners within a three-hundred-foot radius of the property of the variance in question. Additional notices may be given by posting on the property or by the mail.

(Ord. No. 1362, § 1, 5-19-2021)

The land use hearing examiner shall render a decision on all applications at a public hearing not later than forty-five days after a final declaration of nonsignificance is made or the final environmental impact statement is filed. A certified copy of the final decision shall be transmitted to the applicant no later than five days after such decision.

(Ord. No. 1362, § 1, 5-19-2021)

Decisions of the land use hearing examiner shall be final, except as provided in RCW Chapter 36.70C, the Land Use Petition Act.

(Ord. No. 1362, § 1, 5-19-2021)