23.48.030 Departure.
A. Purpose. Departures are not variances and are not required to meet all of the criteria typically associated with a variance application. Rather, departures allow adjustment of standards to achieve better outcomes in cases where strict application of the standard would result in an inferior subdivision design.
B. Departures Permitted. Departures from the identified land use and subdivision standards as listed below may be permitted as part of a lot line adjustment and land division application. To obtain a departure, an applicant must demonstrate that the overall development, including departures from the standards, would better serve the public interest, and the city must find that each proposed departure meets or exceeds the intent of the respective standard as compared to a strict application of the established standard.
C. Maximum Departure.
1. Lot Line Adjustments. Lot line adjustments are minor adjustments of two or more lots that cannot be used to create additional lots. The city permits a greater degree of departure for a lot line adjustment than for a land division.
A departure not to exceed 50 percent of each measurement for a lot line adjustment may be requested upon demonstration that the departure is the minimum necessary to accommodate the proposed adjustment. Departures from the following standards may be requested:
a. Any development regulation in BMC Title 20 from which the applicant would otherwise be allowed to seek a variance;
b. Building envelope (BMC 23.08.060(D));
c. Landscaping (BMC 23.08.080); and
d. Public infrastructure abutment (BMC 23.08.060(E)).
2. Land Divisions. A departure not to exceed 10 percent of each measurement for a land division from the following standards may be requested:
a. Any development regulation in BMC Title 20 from which an applicant would otherwise be allowed to seek a variance;
b. Building envelope (BMC 23.08.060(D));
c. Landscaping (BMC 23.08.080);
d. Public infrastructure abutment (BMC 23.08.060(E)); and
e. Cluster open space improvements and grades (BMC 23.08.060(F)).
D. Departure Approval Process. The director shall issue a decision for the departure concurrently with the decision for Type I and II applications and shall issue a recommendation to the hearing examiner for all Type III applications. [Ord. 2018-12-036 § 2 (Exh. A)].