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HomeMy WebLinkAboutEX10_Variances_JustificationVARIANCES – JUSTIFICATION DISCUSSION Decision Criteria (Standard Variance): Except for variances from critical areas regulations, a determination shall be made in writing that the conditions specified below have been found to exist: (Amd. Ord. 4835, 3-27-2000) a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification;  Homeowner’s Comment: My lot consists of 5,011 square feet, which is oddly shaped and sloped and a significant portion of which is unusable under application of the Zoning Code. A level backyard surface is critical to me and the absence of that deprives me of the full use of my property. It also creates an unnecessary hardship to me as I have five grown daughters, and we want the family to have the use of our outdoor space. Strict application of the Code will deprive me of the highest and best use of my residence and property. b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated;  Homeowner’s Comment: I believe that the granting of the variance will in no way be detrimental to the public welfare or injurious to property or improvements in the area where we live. The proposed New Deck sits in the rear of my home and overlooks several acres of treed property to the north. To the west and east are neighbors who have existing decks which they enjoy. The New Deck is built at ground level as much as possible, with no fill over the sloped areas. Strict application of the Code will deprive me and my family of the enjoyment of our property. c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated;  Homeowner’s Comment: I do not believe that the City’s granting of this variance will constitute of special privilege over other homeowners’ uses of their property in the area we live. Many other homeowners in the vicinity have created and enjoy the use of their respective sloped yards with very creative decks, patios, etc. d. That the approval is a minimum variance that will accomplish the desired purpose. (Amd. Ord. 4835, 3-27-2000; Ord. 5675, 12-3-2012)  Homeowner’s Comment: With the City’s granting of these variances, I am confident that me and my entire family will enjoy a wonderfully transformed back yard area to experience without the dangers previously associated with the yard’s topography. EXHIBIT 10 RECEIVED 07/20/2022 BGillia PLANNING DIVISION DocuSign Envelope ID: 9C0E4263-C65A-456E-84CE-2F358B41AAF4 Special Review Criteria (Reasonable Use Variance): For variance requests related to the critical area’s regulations not subject to subsections B8 to B13 of this Section, a reasonable use variance may be granted if all of the following criteria are met: (Ord. 5676, 12-3-2012) a. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated;  Homeowner’s Comment: I believe that the granting of the variance will in no way be detrimental to the public welfare or injurious to property or improvements in the area where we live. The proposed New Deck sits in the rear of my home and overlooks several acres of treed property to the north. To the west and east are neighbors who have existing decks which they enjoy. The New Deck is built at ground level as much as possible, with no fill over the sloped areas. Strict application of the Code will deprive me and my family of the enjoyment of our property. b. There is no reasonable use of the property left if the requested variance is not granted;  Homeowner’s Comment: Without the granting of the variance, this portion of my property will not be of any use to me and my family. With a neurologic physical condition, I am unable to have a sloped or multi-leveled yard to enjoy without the threat of harm. In the yard’s original condition and prior to this application, I suffered a serious fall in the yard sustaining a concussion for which I have received treatment. Because of this, without the City’s approval of the variances and permit, I do not want this area used for any purpose. c. The variance granted is the minimum amount necessary to accommodate the proposal objectives;  Homeowner’s Comment: This is the minimum variance required to accomplish our objective, and with the City’s granting of this variance, we will be able to build our backyard area to enjoy without the danger associated with the yard’s topography. d. The need for the variance is not the result of actions of the applicant or property owner; • Homeowner’s Comment: The disqualification to utilize this area of my backyard because of the natural topography is a very real hardship, and one which was not self- created. As the homeowner applicant, I suffer practical difficulties with my property and variance is required due to my property’s special circumstances. Again, strict application of the Code will deprive me of the highest and best use of my residence and property. e. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in subsection F of this Section are followed. (Ord. 4835, 3-27- 2000; Amd. Ord. 4851, 8-21-2000)  Homeowner’s Comment: In determining the practicality of this project once I became aware of the topography issues, I retained engineers and surveyors to establish the feasibility of the project. Based upon their studies and findings, I am confident that this deck will be the best and highest use of my property, centered upon my desire to utilize the space. EXHIBIT 10 DocuSign Envelope ID: 9C0E4263-C65A-456E-84CE-2F358B41AAF4