HomeMy WebLinkAbout9 - WAC173-27-170 Review Criteria for Variance Permits PrintoutWAC 173-27-170: Review criteria for variance permits. Page 1 of 2
WAC 173-27-170
Review criteria for variance permits.
The purpose of a variance permit is strictly limited to granting relief from specific bulk,
dimensional or performance standards set forth in the applicable master program where there
are extraordinary circumstances relating to the physical character or configuration of property
such that the strict implementation of the master program will impose unnecessary hardships
on the applicant or thwart the policies set forth in RCW 90.58.020.
(1) Variance permits should be granted in circumstances where denial of the permit would
result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant
must demonstrate that extraordinary circumstances shall be shown and the public interest
shall suffer no substantial detrimental effect.
(2) Variance permits for development and/or uses that will be located landward of the
ordinary high water mark (OHWM), as defined in RCW 90.58.030 (2)(c), and/or landward of
any wetland as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant
can demonstrate all of the following:
(a) That the strict application of the bulk, dimensional or performance standards set forth in
the applicable master program precludes, or significantly interferes with, reasonable use of the
property;
(b) That the hardship described in (a) of this subsection 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;
(c) That the design of the project is compatible with other authorized uses within the area
and with uses planned for the area under the comprehensive plan and shoreline master
program and will not cause adverse impacts to the shoreline environment;
(d) That the variance will not constitute a grant of special privilege not enjoyed by the other
properties in the area;
(e) That the variance requested is the minimum necessary to afford relief; and
(f) That the public interest will suffer no substantial detrimental effect.
(3) Variance permits for development and/or uses that will be located waterward of the
ordinary high water mark (OHWM), as defined in RCW 90.58.030 (2)(c), or within any wetland
as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant can
demonstrate all of the following:
(a) That the strict application of the bulk, dimensional or performance standards set forth in
the applicable master program precludes all reasonable use of the property;
(b) That the proposal is consistent with the criteria established under subsection (2)(b)
through (f) of this section; and
(c) That the public rights of navigation and use of the shorelines will not be adversely
affected.
(4) 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 RCW 90.58.020 and
shall not cause substantial adverse effects to the shoreline environment.
(5) Variances from the use regulations of the master program are prohibited.
http://apps.leg.wa.gov/WAC/default.aspx?cite=173-27-170 10/5/2017
WAC 173-27-170: Review criteria for variance permits.
Page 2 of 2
[Statutory Authority: Chapter 90.58 RCW. WSR 17-17-016 (Order 15-06), § 173-27-170, filed
8/7/17, effective 9/7/17. Statutory Authority: RCW 90.58.140(3) and [90.58].200. WSR 96-20-
075 (Order 95-17), § 173-27-170, filed 9/30/96, effective 10/31/96.]
http://apps.leg.wa.gov/WAC/default.aspx?cite=173-27-170 10/5/2017