22.82.120 Review process and criteria for conditional uses and variances.
The city shall adopt provisions for conditional use and variance permits, consistent with Chapter 6 of the Monroe SMP, to ensure that the strict interpretation of the Monroe SMP will not create unnecessary hardships or thwart the policies of this title or the Shoreline Management Act.
A. Shoreline Conditional Use Permits. The hearing examiner shall have the authority to hear and make findings, conclusions, and decisions on shoreline conditional use permits. The hearing examiner shall have the authority to grant, in appropriate cases and subject to appropriate conditions and safeguards, shoreline conditional use permits. The city shall submit all issued conditional use permits to the Department of Ecology for its approval or disapproval. The criteria for granting conditional use permits are the following:
1. Uses classified in the Monroe SMP as conditional uses may be authorized, provided the applicant can demonstrate all of the following:
a. That the proposed use will be consistent with the policies of the Shoreline Management Act and the policies of the Monroe SMP.
b. That the proposed use will not interfere with the normal public use of public shorelines.
c. That the proposed use of the site and design of the project will be compatible with other permitted uses within the area.
d. That the proposed use will cause no unreasonably adverse effects to the shoreline environment designation in which it is to be located.
e. That the public interest suffers no substantial detrimental effect.
2. Other uses which are not classified or set forth in the Monroe SMP may be authorized as conditional uses; provided, that the applicant can demonstrate, in addition to the criteria set forth in subsections (A)(1) and (A)(3) of this section, that extraordinary circumstances preclude reasonable use of the property in a manner consistent with the use regulations of the Monroe SMP.
3. In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests or like actions in the area.
4. Uses specifically prohibited by the Monroe SMP may not be authorized pursuant to either subsection (A)(1) or (A)(3) of this section.
B. Shoreline Variances. The hearing examiner shall have the authority to hear and make findings, conclusions, and decisions on shoreline variances. The hearing examiner shall have authority to grant variances from the substantive requirements of the Monroe SMP. The purpose of a variance is strictly limited to granting relief to specific bulk, dimensional, or performance standards set forth in the Monroe SMP where there are extraordinary or unique circumstances relating to the properties, such that the strict implementation of the Monroe SMP would impose unnecessary hardships on the applicant or thwart the policies set forth in the Shoreline Management Act. The city shall submit all issued variances to the Department of Ecology for final approval or disapproval. The criteria for granting variances shall be consistent with the Shoreline Management Act and include the following:
1. Variances should be granted in a circumstance where denial of the permit will not thwart the policy enumerated in the Shoreline Management Act or the Monroe SMP. In all instances, extraordinary circumstances shall be shown, and the public interest shall suffer no substantial detrimental effect.
2. Variances for development that will be located landward of the ordinary high water mark may be authorized, provided the applicant can demonstrate all of the following:
a. That the strict application of the bulk, dimensional, or performance standards as set forth in the Monroe SMP precludes or significantly interferes with a reasonable permitted use of the property.
b. That the hardship is specifically related to the property and is the result of unique conditions, such as irregular lot shape, size, or natural features, in the application of the Monroe SMP and not, for example, from deed restrictions or the applicant’s own actions.
c. That the design of the project will be compatible with other permitted activities in the area and not cause adverse effects to adjacent properties or the shoreline environment designation.
d. That the variance does not constitute a grant of special privilege not enjoyed by other properties in the area, and will be the minimum necessary to afford relief.
e. That the public interest will suffer no substantial detrimental effect.
3. Variances for development that will be located waterward of the ordinary high water mark may be authorized, provided the applicant can demonstrate all of the criteria specified above; and provided, that the applicant can demonstrate that the public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance.
4. In granting of all variances, consideration shall be given to the cumulative impact of additional requests or like actions in the area.
5. Variances from the use regulations of the Monroe SMP are prohibited. (Ord. 015/2019 § 1; Ord. 005/2019 § 10 (Exh. B))