Lacey City Zoning Code
16.90 Variances
“Variance” means a modification of the regulations because of the unusual nature, shape, exceptional topographic conditions, or extraordinary situation or conditions connected with a specific piece of property, where the literal enforcement of this title would pose undue hardship unnecessary in carrying out the spirit of this title.
16.90.005 Granted upon certain findings.
A land use hearings examiner shall not grant a variance unless the examiner makes the following findings:
A. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone that 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. That the special conditions and circumstances do not result from the actions of the applicant. (Ord. 1192 §199, 2002).
16.90.010 When granted.
If all the criteria in LMC 16.90.005 can be met, the hearings examiner may grant a variance according to the quasi-judicial process and timelines outlined in Section 1C.050 of the City of Lacey Development Guidelines and Public Works Standards. (Ord. 1192 §200, 2002; Ord. 583 §2.07(A), 1980).
16.90.020 Front and rear yard setback variance.
The enforcing officer may grant a modification of up to ten percent from the front and rear setback requirements in residential zones provided the findings can be made as listed in LMC 16.90.005. This does not preclude other variances from being considered as provided in LMC 16.90.010. (Ord. 1192 §201, 2002; Ord. 691 §43, 1984).