22.66.040 Review process.
A. Permit Type. Applications for variances shall follow the procedures for a Type III permit review, pursuant to MMC 22.84.030, Types of project permits.
B. Public Notice. Variances shall be subject to all applicable noticing requirements in MMC 22.84.050, Public notice requirements.
C. Public Hearing. Pursuant to Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, a public hearing is required for all variance applications.
D. Decision. The final decision authority, as determined by Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, shall approve, approve with conditions, or deny a variance.
E. Decision Criteria. A variance shall not be granted by the decision authority unless the applicant demonstrates that the proposal meets all of the following criteria:
1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zoning district in which the property is located;
2. 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 zoning district in which the subject property is located;
3. 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 zoning district in which the subject property is situated;
4. The variance is the minimum necessary to grant relief to the applicant;
5. The strict enforcement of the provisions of this title will create an unnecessary hardship to the property owner;
6. The granting of the variance will not alter the character of the land, nor impair the appropriate use or development of adjacent property; and
7. The variance is consistent with the policies and provisions of the comprehensive plan and the development regulations.
F. Conditions of Approval. In approving a variance, the decision authority may attach thereto such conditions that they deem to be necessary or desirable in order to carry out the intent and purposes of this title.
G. Appeals. The action of the decision-making body in granting or denying an application for a variance is a final decision appealable to the Snohomish County superior court in accordance with MMC 22.84.080(D) and Chapter 36.70C RCW.
H. Recording. The recipient of a variance shall file a land use permit binder on a form prescribed by the city. The variance shall not be effective until such binder has been filed with the Snohomish County auditor. If no appeal was filed on the variance decision, the binder shall be filed within thirty days of the expiration of all applicable appeal periods. The binder shall serve both as an acknowledgment of and agreement to abide by the terms and conditions of the variance, and as a notice to prospective purchasers of the existence of the variance.
I. Expiration. The length of time during which a variance is valid shall be determined by Table 22.84.060(E): Project Permit Approval Expiration. A variance shall not be approved for a period of time greater than that which is specified in Table 22.84.060(E), exclusive of any extensions allowed. The date that the permit expires shall be specified in the conditions of approval. Once a variance has been approved and issued by the city, the approved variance may continue as long as all conditions of variance approval are met.
J. Extensions. The zoning administrator may grant an extension of the period of variance authorization when requested by the applicant at least sixty days prior the expiration of the variance. Extension requests are subject to the requirements of MMC 22.84.060(F), Extensions. Only one extension may be granted for the variance for a period not to exceed the extension period specified in Table 22.84.060(E): Project Permit Approval Expiration. Such an extension shall only be granted by the decision authority upon issuance of findings that the criteria for extensions in MMC 22.84.060(F), Extensions, have been met.
K. Modifications. Requested modifications to a variance shall be reviewed pursuant to the requirements of MMC 22.84.060(G), Substantial Revisions or Modifications to Proposal. (Ord. 005/2019 § 10 (Exh. B))