HomeMy WebLinkAboutOrd 0608 - Criteria and Procedure for Issuance of Variances (Repealed by Ord 1758) /006
OF TUK
WASHINGTON
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ORDINANCE NO 608
AN ORDINANCE amending Ordinance No. 251
by adding Chapter 4, Section 4 -31, estab-
lishing the criteria and procedure for the
issuance of variances, and providing penal-
ties for violation thereof, and repealing
Ordinance No. 293.
THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN
as follows:
Section 1. That Ordinance No. 251 be amended by
adding thereto Chapter 4, Section 4 -31.
CHAPTER 4 LAND USE DISTRIBUTION
SECTION 4 -31
VARIANCES
1. In specific cases the Planning Commission may
authorize variances from the provisions or requirements of
this Ordinance which will not be contrary to the public inter-
ests; but only where, owing to special conditions pertaining
to a specific piece of property, the literal interpretation
and strict application of the provisions or requirements of
this Ordinance would cause undue and unnecessary hardship.
No such variance in the provisions or requirements of this
Ordinance shall be authorized by the Planning Commission
unless the Planning Commission finds that all of the follow-
ing facts and conditions exist;
(a) The variance shall not constitute a grant of
special privilege inconsistent with the limitation upon uses
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of other properties in the vicinity in,zone in which the property
on behalf of which the application was filed is located; and
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(b) That such variance is necessary, because of
special circumstances relating to the size, shape, typography,
location, or surrounding 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�in in which
the subject property is situated.
(d) The authorization of such variance will not
adversely affect the implementation of the Comprehensive Land
Use Plan;
(e) That the granting of such a variance is necessary
for the preservation and enjoyment of a substantial property
right of the applicant possessed by the owners of other proper-
ties in the same zone or vicinity.
(f) No variance for departing from the applicable
land use regulations shall be authorized unless the Planning
Commission further finds that:
(i) the parcel of land for which a variance
is sought together with contiguous land of the applicant is
not otherwise capable of any economic use under the zoning
and subdivision ordinances;
(ii) the difficulty is unique to the parcel
resulting from such characteristics as irregularity, narrow-
ness, shallowness or topographic factors in existence at
the time of enactment of the regulation from which relief
is sought or resulting from the condition or use of neigh-
boring land; and
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(iii) the proposed use is the minimum departure
from existing regulations reasonably necessary to permit some
economic use and will not significantly interfere with the
enjoyment of adjoining lands.
(g) No variance for departure from regulations
concerning matters other than use shall be authorized unless
the Planning Commission further finds that:
(i) compliance with the regulations would
result in exceptional practical difficulties and the require-
ments of subsectionAare met; and,
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(ii) the proposed change is the minimum departure
from existing regulations reasonably necessary to avoid the
practical difficulties and will not significantly interfere
with the enjoyment of adjoining lands.
2. In authorizing the variance, the Planning Commission
may attach thereto such conditions that it deems to be necessary
or desirable in order to carry out the intent and purposes of
this ordinance and in the public interest. A variance so
authorized shall become void after the expiration of (1) year
or longer period as specified at the time of the Planning Com-
mission action, if no building permit has been issued in accord-
ance with the plans for which such variance was authorized,
except that the Planning Commission may extend the period of
variance authorization without public hearing upon a finding
that there has been no basic change in pertinent conditions
surrounding the property since the time of the original
approval.
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3. An application to the Planning Commission for
the issuance of a variance, may be made by any property owner,
tenant, authorized agent or any government officer, department,
board or bureau affected. Such application, together with all
plans, specifications and other papers pertaining to the appli-
cation, shall be filed with the City Clerk. Each application
shall be accompanied by receipt to the City Treasurer showing
payment by the applicant of a fee of($75.0)
4. When an application for a variance has been filed
in accordance in the provisions of this title, the Chairman of
the Planning Commission shall set a date for hearing the same.
Notice of such hearing shall be given not less than fifteen
(15) days prior to the date of such hearing by publication and
by posting not less than four placards in conspicuous public
places within three hundred feet of property concerned, and by
mailing written notice to owners of properties in the same
block front, in the block front facing across a street, alley
or public place using for this purpose property ownership
records of the County Treasurer, and to the applicant personally
or by mail.
5. The Planning Commission shall decide all applications
at a public hearing not later than forty -five (45) days after the
filing of an application.
6. The action of the Planning Commission in granting or
denying the application for a variance shall be final and conclu-
sive, unless, within ten (10) days from the date of the action,
the original applicant or an adverse party makes an application
to the Superior Court of King County for a Writ of Certiorari,
a Writ of Prohibition, or a Writ of Mandamus.
Section 2. Penalty for a violation as provided for
in Section 4 -28.
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Section 3. Ordinance No. 293 is hereby repealed.
P pp ASSED by the City Council of the City of Tukwila
this /c L11. day of 1970
Attest:
City Clerk
APPRO i" D' as to fornk:
City Attornet
Mayor