§ 20.07.050. Reduction in yard requirements.

1.

Administrative Front Yard Variance to Block Average. In any residential district, where a front yard less than that required by this title has been maintained on lots having fifty percent or more of the total frontage of the block, each structure built after the effective date of this title may maintain a front yard the same size as the average front yard of such existing structures. The applicant shall request such variance from the department and shall provide setback measurements for the subject block or group of lots.

2.

Administrative Variance to All Yard Requirements. A reduction in yard requirements shall be permitted after department review and approval when:

a.

Such variance for a structure, including any porch, deck or stairway over thirty inches above grade, will not reduce any required yard by more than fifty percent and no roof overhang will extend more than thirty-three percent into the reduced setback.

b.

Special conditions and circumstances exist which are peculiar to the land, such as size, shape, topography or location, or which are created by public action such as condemnation, not applicable to other lands in the same district and that literal interpretation of the provisions of this title would result in a practical difficulty, as described in subsection (3) below, for the property owner not commonly experienced by other properties similarly situated in the same district under the terms of this title.

c.

The special conditions and circumstances are not the result of deliberate actions of the applicant.

d.

Granting of the variance request will not confer a special privilege to the property that is denied other lands in the same district.

e.

Granting of the variance will be in harmony with the general purpose and intent of this title and will not be materially detrimental to the public welfare or injurious to other land or improvements in the vicinity and neighborhood in which the property is situated.

f.

The reasons set forth in the application justify the granting of the variance, and that the variance, if granted, would be the minimum variance that will make possible the reasonable use of the land.

3.

Practical Difficulty. A practical difficulty is present where the harm to the applicant denied a variance will be greater than the probable effect on neighboring properties if the variance is granted. The department shall consider the following factors in making a determination of practical difficulty: the nature of the zone in which the property lies, the character of the immediate vicinity and the uses intended therefor, and whether, if restrictions were removed, neighboring property would be seriously affected, and whether, if restrictions were not removed, they would create unnecessary hardship for the owner in relation to efforts to make normal improvements given the property's permitted use. An applicant's mere desire for a variance, even when motivated by economic reasons, does not constitute a practical difficulty.

4.

Minimum Setback. No portion of any structure over thirty inches above finished grade shall be closer than two feet from any property line.

5.

Conditions. Conditions of approval may be attached to any variance granted by the department.

6.

Expiration of variance approval. If a building permit has not been issued, or if construction activity or operation has not commenced within three years from the date of final approval by the department, the variance shall expire. The variance shall also expire when vacated for a period of three years. Knowledge of the expiration date is the responsibility of the applicant. The county is not responsible for providing notification prior to expiration.

7.

Hearing Examiner Variance. Variances not allowed by administrative action in this section may be granted pursuant to Chapter 20.52.

(Ord. 12463 § 11, 2001; Ord. 11398 § 3 (part), 1997: Ord. 10595 § 5, 1994: Ord. 6708 § 3 (part), 1980)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)