14.15.140 Variances.
(1) Procedure.
(a) Subject to the public notice and hearing provisions of this section, the administrator may consider applications for variances from the requirements of this chapter. An application for a variance shall be made upon forms provided by the public works department.
(b) In reviewing an application for variance, the administrator shall consider all maps, special reports, all relevant factors, standards specified in other sections of this chapter and other applicable local, state or federal requirements.
(c) Following his/her review of the application for variance, the administrator shall prepare a written staff report including a recommendation with respect to granting or denying the requested variance. Within 60 days of receipt of variance application, the administrator shall submit his staff report to the town of Cathlamet planning commission.
(d) Upon receipt of the administrator’s staff report, the planning commission shall schedule a public hearing to review the variance application. Notice of the public hearing shall be published in the Wahkiakum Eagle at least 14 calendar days prior to the scheduled hearing. Written notice of the hearing shall also be provided to the applicant at least 14 calendar days prior to said hearing.
(e) The planning commission shall conduct its public hearing on the variance application not more than 45 days after its receipt of the administrator’s staff report. Any interested person may appear and be heard regarding the variance application, subject to hearing procedures adopted by the planning commission.
(f) Following the public hearing, the planning commission shall review the variance application to determine whether the application meets the criteria set forth in subsection (2) of this section. The planning commission shall then submit its recommendations to the council of the town of Cathlamet. The recommendations shall be accompanied by written "findings of fact." A copy of the recommendations and findings shall be forwarded to the applicant.
(g) The council of the town of Cathlamet shall consider the variance application within 14 calendar days of its receipt of the recommendations and findings from the planning commission. The council of the town of Cathlamet may approve, deny, or approve within conditions, the variance application. The decision of the council of the town of Cathlamet shall be final.
(2) General Conditions.
(a) A variance in the applications of the regulations of this chapter to a particular piece of property or a variance to the use prohibitions of this chapter may be granted when the application meets all of the following criteria:
(i) Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this chapter is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity; provided, however, the fact that surrounding properties have been developed under regulations in force prior to the adoption of this chapter shall not be the sole basis for the granting of a variance;
(ii) The granting of the variance will not be materially detrimental to the critical area, or to the public welfare or injurious to the property in the area in which the property is situated or contrary to the goals, policies and purpose of this chapter;
(iii) The granting of the variance is the minimum necessary to accommodate the permitted use; and
(iv) No other reasonable alternative exists, i.e., no other activity could feasibly attain the proposal’s objectives but at a decreased level of environmental degradation.
(b) If granting a variance hereunder results in impacts to a critical area, mitigating measures shall be undertaken pursuant to CMC 14.15.200 as to wetlands; for nonwetland critical areas, other mitigating measures may be required.
(c) Except when application of this chapter would deny all reasonable use of the property, an applicant who seeks an exception from the requirements of this chapter shall pursue relief by means of a variance. (Ord. 433 § 14, 2002)