22.06.040 Variances.
A. The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in this program. Variances may be granted only where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of this program will impose an unnecessary hardship on the applicant or thwart the policies set forth within RCW 90.58.020.
B. Variance permits for development that will be located landward of the ordinary high water mark (OHWM) and within a shoreline and/or critical area buffer as specified in this program may be authorized provided the applicant can demonstrate all of the following:
1. That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by the master program;
2. That the hardship described in subsection (A) of this section is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program, and not, for example, from deed restrictions or the applicant’s own actions;
3. That the design of the project is compatible with other authorized uses in the area and with uses planned for the area under the comprehensive plan and this program and will not cause adverse effects to the shoreline environment;
4. That the requested variance does not constitute a grant of special privilege not enjoyed by the other properties in the area;
5. That the variance requested is the minimum necessary to afford relief; and
6. The public interest will suffer no substantial detrimental effect.
C. The department may impose additional conditions onto a variance approval as necessary to assure consistency with this program and that the policies set forth in RCW 90.58.020 are not thwarted.
D. Prior to application for a variance, the applicant shall demonstrate that the mitigation sequencing specified in this program has been used to design the project and avoid and/or minimize impacts to the extent feasible.
E. The applicant shall demonstrate that the proposal achieves a no net loss of ecological function.
F. Variance permits for development that will be located either waterward of the ordinary high water mark (OHWM), within the channel migration zone or frequently flooded area, where applicable, or within a critical area as described in this program, or within wetlands as defined by RCW 90.58.030 may be authorized provided the applicant can demonstrate all of the following:
1. That the strict application of the bulk, dimensional or performance standards set forth in this master program precludes all reasonable use of the property not otherwise prohibited by the master program;
2. That the proposal is consistent with the criteria established in this section; and
3. That the public rights of navigation and use of the shorelines will not be adversely affected.
G. In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example if variances were granted to other developments and/or uses in the area where similar circumstances exist, the total of the variances shall also remain consistent with the policies of this program and the Shoreline Management Act and shall not produce substantial adverse effects to the shoreline environment.
H. Requests for varying the use to which a shoreline area is to be put are prohibited and are not requests for variances, but rather requests for conditional uses.
I. Any variance granted by the city must be forwarded to the Department of Ecology for approval, approval with conditions, or denial as specified in WAC 173-27-200. [Ord. 2013-02-005 § 2 (Exh. 1)].