1302 - Ordinance - Amending Ordinance No. 899 Administrative Variances Comprehensive ZoningORDINANCE NO. 1302
AN ORDINANCE AMENDING ORDINANCE NO.
899, CHAPTER 6, SUBSECTION A TO
PROVIDE FOR ADMINISTRATIVE VARIANCES
TO THE CITY OF PORT ORCHARD COMPRE-
HENSIVE ZONING ORDINANCE.
THE CITY COUNCIL OF THE CITY O� PORT ORCHARD DO ORDAIN
AS FOLLOWS:
Section 1. Subsection A, Chapter 6 of Ordinance No. 899
is hereby amended to read as follows:
A. GENERAL REQUIREMENTS.
The City Engineer shall be the Administrative Variance
Official and shall review and approve or disapprove applications
for Variances from the following listed setback requirements of
this ordinance in Residential Low, Residential High, Open Space
and Greenbelt Districts. Administrative variances may be granted
for variance requests as follows:
1. Front Yard setbacks, if the front yard depth is 20
to 25 feet.
2. Side Yard setbacks, if the side yard is 3 to 5 feet
from the property line and the total is not less
than 10 feet.
3. Corner Lot Side Yard setbacks, if the corner lot
side yard is 12 to 15 feet from the street.
4. Rear Yard setback, if the rear yard is 8 to 10 feet
from the property line.
Before an administrative variance may be approved, it
shall be shown that:
1. Because of special circumstances applicable to
subject property, including size, shape, topography,
location or surroundings, the strict application of
the ordinance would deprive the subject property of
privileges enjoyed by other properties in the
vicinity and under identical zone classification.
2. That the granting of the variance will assure
consistency with the limitations upon other
properties in the vicinity and zone in which the
subject property is situated.
3. The granting of the variance will not be detrimental
to the public health, safety, or welfare or
injurious to property and improvements in the same
vicinity and zone in which subject property is
situated.
4. The granting of such variance will be in conformance
with the objectives of the Comprehensive Plan.
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5. That the adjoining property owners do not object to
the proposed variance.
Administrative variances having been found to comply
with the above requirements shall be granted ten days after
mailing of notices to adjoining property owners.
Any aggrieved party may appeal the denial or approval of
an Administrative Variance in writing to the Planning Commission
within 15 days of the granting or denying of the Administrative
Variance.
The Planning Commission, before it may grant a variance,
shall make a finding that in the evidence presented, all four (4)
of the following conditions exist in reference to the property
being considered.
1. Because of special circumstances applicable to
subject property, including size, shape, topography,
location or surroundings, the strict application of
the ordinance would deprive the subject property of
privileges enjoyed by other properties in the
vicinity and under identical zone classification.
2. That the granting of the variance will assure
consistency with the limitations upon other
properties in the vicinity and zone in which the
subject property is situated.
3. The granting of the variance will not be detrimental
to the public health, safety, or welfare or
injurious to property and improvements in the same
vicinity and zone in which subject property is
situated.
4. The granting of such variance will be in conformance
with the objectives of the Comprehensive Plan.
PASSED this llth day of February , 1985.
ATTESTED:
PATRICIA HOWER
City Clerk
APPROVED AS TO FORM:
City A torney
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LESLIE/J. WEATHERILL
Mayor