13.17.120 Procedures applicable to shoreline variances.
The purpose of a shoreline variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in the Bothell shoreline 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. A shoreline variance shall not be used to vary the use provisions of Chapter 13.07 BMC.
A. Applications for a shoreline variance shall follow the procedures for a Type III development application pursuant to BMC Title 11, Administration of Development Regulations, except as otherwise provided in this section.
B. Applications for a shoreline variance permit shall provide for the following:
1. The information as stipulated within BMC 13.17.080(B).
2. Notice of Application and Comment Period.
a. In addition to the notice of application content established in BMC 11.06.004, notice of applications for shoreline variances must also contain the information required under WAC 173-27-110.
b. The minimum notice of application comment period for shoreline variance permits shall be no fewer than 30 days.
C. Notice of Hearing. The shoreline administrator shall distribute notice of the public hearing at least 21 and no more than 30 calendar days before the public hearing.
D. Criteria for Approval.
1. The hearing examiner shall ensure that WAC 173-27-140, 173-27-170, and the following review criteria are met prior to issuing a shoreline variance permit.
2. 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.
3. Variance permits for development and/or uses that will be located landward of the OHWM, as defined in Chapters 13.03 and 13.05 BMC and RCW 90.58.030(2)(b), and/or landward of any wetland as defined in Chapter 13.13 BMC and 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 subsection (D)(3)(a) of this section 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 SMP 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.
4. 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)(b), 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 subsections (D)(3)(b) through (f) of this section; and
c. That the public rights of navigation and use of the shorelines will not be adversely affected.
5. 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.
E. Uses which are specifically prohibited by BMC 13.07.080 or the Bothell SMP shall not be authorized as a shoreline variance permit.
F. Decision Process.
1. Once the city has approved a variance permit it will be forwarded to the state Department of Ecology for its review and approval/disapproval jurisdiction under WAC 173-27-200.
2. The permit shall state that construction pursuant to a permit shall not begin or be authorized until 21 days from the date the permit decision was filed as provided in RCW 90.58.140(6); or until all review proceedings are terminated if the proceedings were initiated within 21 days from the date of filing as defined in RCW 90.58.140(6).
3. Appeals of a shoreline variance shall be to the state Shorelines Hearings Board and shall be filed within 21 days of the date the decision of the Department of Ecology is transmitted by the Department of Ecology to the city.
G. Effect of Decision. For shoreline variance permits, no final action or construction shall be taken until the termination of all review proceedings initiated within 21 days from the date Department of Ecology transmits its decision on the shoreline conditional use permit.
H. Complete Compliance Required.
1. General. Except as specified in subsection (H)(2) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this chapter in order to do everything authorized by that approval.
2. Exception. Upon subsequent revisions to permits the provisions of BMC 13.17.130 and WAC 173-27-100 shall establish the procedure and criteria under which the city may approve a revision to a permit issued under the SMA and this chapter.
I. Time Limits. Construction and activities authorized by a shoreline conditional use permit are subject to the time limitations under WAC 173-27-090. (Ord. 2280 § 15, 2019; Ord. 2112 § 3 (Exh. C), 2013).