VarianceVariance Procedure
August 12, 2020
Erica Isabel requests “reasonable accommodation” to Yelm Development Guideline Standards for driveway width at 16519 92nd Ave SE, Yelm. Parcel 63540000400.
Process
To waive the standards of the Yelm Municipal Code, a variance is required. The process is that the applicant requests a variance showing how the literal interpretation of the code deprives
the applicant the rights commonly enjoyed by other properties.
The request is heard and reviewed by the Yelm Hearing Examiner to determine if the variance should be granted.
The variance process is to fill out the site plan review application, provide a site plan showing the variance request, and any other documentation supporting the request. A hearing
is scheduled with the hearing examiner where you may provide additional verbal testimony for consideration.
The criteria for approval is listed at Section 18.14.100 YMC
18.14.100 Variances.
A. When Required. A variance is required to waive the design standards of the Unified Development Code, except where the waiver is an administrative variance.
B. Decision Making Authority. The hearing examiner shall process all variances as provided in Chapter 18.10 YMC.
C. Criteria for Approval. A variance shall be approved if:
1. Literal interpretation and application of provisions of this code would deprive the applicant of the rights commonly enjoyed by other properties in the same district;
2. A variance is necessary for the preservation and enjoyment of a property right possessed by other properties in the same vicinity or district, but which is denied to the property
in question because of special circumstances on that property;
3. That the hardship described under 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 this code, and not, for example, from deed restrictions or the applicant’s own actions;
4. The granting of the variance will not be materially detrimental to the public welfare or injurious to the right of other property owners in the vicinity; and
5. The variance will not permit a use prohibited by the Unified Development Code in the district in which the subject property is located.
6. For adult entertainment businesses, a variance from buffering requirements may be granted if the following criteria are met:
a. The extent to which the physical features would result in an effective separation in terms of visibility and access;
b. Compatibility with adjacent and surrounding land uses;
c. Ability to avoid the adult entertainment business by alternative vehicular and pedestrian routes.
D. Term. Approval of a variance shall be effective for 18 months from the date of approval, unless construction has begun and all other required permits have issued, in which case the
permit is effective until the expiration of all other permits or upon project completion, whichever is first.
Fees & Charges
Land Use Review
Variance $2,000
18.01.070 Fees: Applications pursuant to this title shall be subject to payment of any applicable fee as set forth in the Yelm Development fee scheduled. Such fees shall not be refundable
unless authorized by the approval authority.
The applicant may request that the Hearing Examiner refund the application fee. The Hearing Examiner would determine if all or a portion of the fee be refunded.