Nothing in this chapter shall be construed to abrogate the authority and duties of the council and the boards and commissions of the county which are not referred to herein. (Ord. 2032 § 5 (part), 1991)

A. Application Required. All applications for variances from the strict administration of a provision of the zoning ordinances of the county and all applications of appeals by persons aggrieved by a decision or order of any department charged with the enforcement of the zoning ordinances of the county which allege that the decision or order which is the subject of the appeal was erroneously rendered shall be filed with the director of public works in a written form prescribed by the director.

B. Required Information. All applications for variances or appeals shall include, but not be limited to, the following:

1. The information required by section 19.510.010(D)(1) through (6); except, that the information required by subsection 19.510.010(D)(6), pertaining to the list of owners and lessees adjacent to and across the street from the subject parcel, need not be provided for appeals; and

2. For an appeal, a written analysis by the aggrieved person which shows:

a. That the subject decision or order was based on an erroneous finding of a material fact or erroneously applied to the law,

b. That the subject decision or order was arbitrary or capricious in its application, or

c. That the decision or order was a manifest abuse of discretion, and

d. Any other pertinent information which supports or clarifies the appeal.

3. For an application for a variance, the applicant shall be either the owner of the subject parcel of land or the lessee, who holds a recorded lease with an unexpired term of not less than five years from the date of the filing of the application with the director of public works. The application shall include the following:

a. The nature of the variance requested,

b. The applicable ordinances, rules, or regulations which pertain to the application,

c. The conditions, circumstances, and provisions which support the granting of the application which include, but which are not limited to, a written analysis which indicates:

i. A description of the exceptional, unique, or unusual physical or geographical condition which exists on the subject property and which is not generally prevalent in the neighborhood or surrounding area,

ii. A description of whether the use sought to be authorized by the variance would alter the essential character of the neighborhood surrounding the subject parcel,

iii. A description of the restrictions which prevent the reasonable use of the subject property if the applicant were to strictly comply with the applicable provisions of this title, and

iv. A description of all previous actions of the applicant which created the hardship which the applicant is claiming,

d. All previously approved building permits and violation notices for the subject parcel,

e. Dated photographs of the site or structure which relate to the variance request,

f. A notice of application which is in a form prescribed by the director of public works and an affidavit certifying that this notice was mailed to all owners and lessees adjacent to and across the street from the subject property. The notice of application shall include the following information:

i. The name, address and telephone number of the applicant,

ii. A brief description of the existing uses and uses for which the application was filed, and

iii. A location map and a description of the location of the use which the applicant has applied for and the tax map key number and street address, if available, for the subject property, and

g. Drawings stamped, prepared by, or under the supervision of a licensed engineer, surveyor, or architect, if applicable,

h. A site plan drawn to scale which shows, if applicable:

i. The property lines and easements, with dimensions and area calculations, of the subject property,

ii. Location, size, spacing, setbacks, and dimensions of all existing and proposed buildings, structures and improvements,

iii. The building elevations, sections, and floor plan and site sections which clearly define the character of the development,

iv. The existing and proposed landscaping plans which show open spaces, plantings, and trees,

v. The existing streets which access the property and all proposed roads and parking areas, with dimensions, and

vi. The shoreline, shoreline setback lines, stream and other setback lines,

i. A description of the existing and proposed floor area, parking and loading calculations and areas of the subject property, if appropriate,

j. All topographic information which shows existing features and conditions and any proposed grading, if applicable, and

k. All other information requested by the director of public works to assess the impact of the proposed request, and

4. A processing fee in the amount set forth in the annual budget of the county; except that no processing fee shall be required for applications filed by county agencies; and except that the processing fee paid for filing an appeal (not a variance application) shall be refunded to the appellant if and only if the board of variances and appeals renders a final decision and order in favor of the appellant. (Ord. 2563 § 2, 1997; Ord. 2032 § 5 (part), 1991)

A. Determination of Completeness. Not more than ten business days after an application for a variance or an appeal has been filed with the director of public works, the director shall determine whether the application is complete and indicate the date upon which the application was determined to be complete or incomplete. Also, within the ten-day period specified in this section, the director shall schedule the completed application for a variance for a public hearing date or the completed application for an appeal for a meeting date on the agenda of the board of variances and appeals, or return the incomplete application to the applicant with a statement identifying the reasons for which the application was determined to be incomplete.

B. Report.

1. Not more than forty-five calendar days after the date upon which an application has been determined to be complete, the director of public works shall prepare and transmit a report to the board of variances and appeals which includes, but which is not limited to, the filed application and an analysis of the application as it relates to the provisions of this title.

2. Not less than six business days prior to the date of the public hearing on the application for a variance or the meeting date on an appeal, the director of public works shall transmit the director’s report to the applicant, interested persons, the planning director and other appropriate county or state agencies.

C. Public Hearing Notice. Not less than thirty calendar days prior to the public hearing date for an application for a variance, the director of public works shall publish notice of the date, time, place, and subject matter of the public hearing once in a newspaper which is printed and issued at least twice weekly in the county and which is generally circulated throughout the county and shall transmit a copy of the notice to the planning director. (Ord. 2032 § 5 (part), 1991)

Pursuant to the charter of the county and in accordance with provisions of this title, the board of variance and appeals shall hear and determine appeals alleging error from any person aggrieved by a decision or order of any department charged with the enforcement of zoning, subdivision, or building ordinances which is within the jurisdiction of the board of variances and appeals. An appeal may be granted only if the board finds one of the following:

1. That the subject decision or order was based on an erroneous finding of a material fact or erroneously applied the law;

2. That the subject decision or order was arbitrary and capricious in its application; or

3. That the subject decision or order was a manifest abuse of discretion. (Ord. 2032 § 5 (part), 1991)

A. At the time of filing the application, the applicant shall provide notice of application pursuant to section 19.510.020B3f.

B. Not less than thirty calendar days prior to the public hearing date on an application for a variance, the applicant shall give notice by certified mail, return receipt requested, of the date, time, place, and subject matter of the public hearing, in a form prescribed by the director of public works, to the owners and lessees of record adjacent to the subject property and shall submit any updated names and addresses of these owners and lessees derived from the return receipts received on the notices of application previously mailed to these owners and lessees. Not less than ten business days prior to the date of the public hearing, the applicant shall submit all certified mail receipts received for the certified mail sent out. For purposes of this section, notice shall be considered validly given upon compliance to the following provisions:

1. The applicant shall make good faith effort to mail a copy of the notice of public hearing in a form approved by the director of public works by certified mail, return receipt requested to all of the owners and lessees of record located adjacent to and across the street from the subject parcel; and

2. The applicant shall publish a copy of the notice of public hearing in a form approved by the director of public works once per week for three consecutive weeks prior to the public hearing date in a newspaper which is printed and issued at least twice weekly in the county and which is generally circulated throughout the county.

C. Pursuant to the charter of the county and in accordance with the provisions of this article and the procedures established in this chapter, variances from the provisions of this title may be granted by the board of variances and appeals if the board finds that due to the particular physical surroundings, shape or topographical condition of the subject property, compliance to the provisions of this chapter would result in hardship to the owner which is not mere inconvenience or economic hardship on the applicant. The board shall grant a variance if the board finds the following:

1. That there is an exceptional, unique, or unusual physical or geographical condition existing on the subject property which is not generally prevalent in the neighborhood or surrounding area and the use sought to be authorized by the variance will not alter the essential character of the neighborhood;

2. That strict compliance with the applicable provisions of this title would prevent reasonable use of the subject property; and

3. That the conditions creating a hardship were not the result of previous actions by the applicant.

D. The board of variances and appeals shall comply with the general plan and the community plan provisions of the county. The board shall not grant an application for a variance which requests a use which does not conform with the applicable community plan designation for the subject property.

E. On every application for a variance, the board of variances and appeals shall review the report submitted by the director of public works and hold a public hearing. At the close of the public hearing, the director of public works shall submit a written recommendation to the board which recommends that the board either grant, grant subject to conditions identified by the director, or deny the application for a variance. Unless a formal, contested case hearing on the application has been approved by the board, the board shall take action on the application within not more than sixty calendar days from the date of the public hearing. (Ord. 2032 § 5 (part), 1991)