In accordance with RCW 35A.63.110, the city council shall hear applications for variances from the terms of this title, pursuant to the following procedures and conditions.

Applications for variances shall be filed with the city on forms provided by the administrator, together with a completed SEPA environmental checklist, where required, and with payment of all applicable fees. The city clerk shall submit the application to the administrator, who shall determine if the application is complete, and if not complete, shall return the same to the applicant with notification of additional required information.

Upon determining that the application is complete, the administrator shall set a date and time for a hearing before the city council, which date shall not be more than forty-five (45) days after receipt of the complete application (unless an environmental impact statement is required, in which instance the time period shall run from the date of issuance of the final EIS). The administrator shall cause notice of the hearing to be published, distributed, and posted as required by this title.

All variance applications shall be accompanied by a non-refundable fee established by resolution of the city council. Applications shall not be considered complete without this fee.

The administrator shall circulate the complete variance application to the following for review: city clerk, public works department, planning agency, city fire chief, and other county, state or federal agencies as the administrator shall deem necessary. The administrator shall incorporate the comments of these agencies into a staff report which shall be submitted to the city council prior to the public hearing on the application. Planning agency review shall not include an open record public hearing.

The city council shall, on the date and time set, conduct a public hearing upon the variance application, at which all interested persons may appear and be heard on the application, or may submit written comment thereon. The city council shall make its decision based on the criteria listed in this title, which shall include the findings and conclusions on which it is based.

Applications for variances from the terms of this title may be granted only if the city council finds that all of the following conditions are met:

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.