18S.60.070 Shoreline Variance.
A. Purpose. The purpose of a Shoreline Variance is limited to granting relief from dimensional standards found in this Title (e.g., buffer, height, or lot coverage requirements) where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of this Title will impose unnecessary hardship on the applicant or thwart the policies found in the Shoreline Management Act (Act).
B. Applicability. This Section applies to proposals that do not comply with, or where one proposes to deviate from, the dimensional standards of this Title. In these cases, such proposal can only be authorized by approval of a Shoreline Variance. A Shoreline Variance shall not authorize uses or development which is specifically prohibited by the Master Program.
C. Review Process. Shoreline Variances shall be subject to review by the County Hearing Examiner, which includes public notice, public hearing, and the issuance of a written decision.
D. Decision Criteria – General. A Shoreline Variance shall not be granted unless the applicant demonstrates that denial of the permit would result in a thwarting of the policy enumerated in the Act due to extraordinary circumstances, and the public interest would suffer no substantial detrimental effect.
E. Decision Criteria – Development Landward of Ordinary High Water Mark (OHWM). In addition to the General Decision Criteria in subsection D of this Section, Shoreline Variances for development landward of the OHWM or landward of any wetland may be authorized provided the applicant can demonstrate all of the following:
1. The strict application of the bulk or dimensional standards precludes or significantly interferes with reasonable use of the property.
2. The hardship described in subsection E.1 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 this Title and not, for example, from deed restrictions or the applicant's own actions.
3. The design of the project is compatible with other authorized development within the area and with development planned for the area under the Comprehensive Plan and this Title, and will not cause adverse impacts to the shoreline environment.
4. The Shoreline Variance will not constitute a grant of special privilege not enjoyed by the other properties in the area.
5. The Shoreline Variance requested is the minimum necessary to afford relief.
F. Decision Criteria – Development Waterward of OHWM. In addition to the General Decision Criteria in subsection D of this Section, Shoreline Variances for development that will be located waterward of the OHWM or within any wetland may be authorized provided the applicant can demonstrate all of the following:
1. That the strict application of the dimensional standards found in this Title precludes all reasonable use of the property;
2. That the proposal is consistent with the criteria established under subsections E.2 through E.5 of this Section; and
3. That the public rights of navigation and use of the shorelines will not be adversely affected.
G. Decision Criteria – Wetland Buffer. Where the Shoreline Variance request includes a reduction to a wetland buffer, the applicant shall demonstrate the following:
1. Approval of the variance results in an overall increase in the function of the wetland.
2. Approval of the variance results in the preservation or enhancement within the project area of other Habitats of Local Importance discussed in PCC 18E.40.020 D.
3. The proposal avoids impacts and provides mitigation, pursuant to PCC 18E.30.050, to the maximum practical extent.
H. Decision Criteria – Fish and Wildlife Habitat Buffer. Where the Shoreline Variance request includes a reduction to a fish and wildlife habitat area buffer, the applicant shall demonstrate the following:
1. Approval of the variance will not adversely impact receiving water quality or quantity.
2. Approval of the variance will not adversely impact any functional attribute of the habitat area.
3. Approval of the variance will not jeopardize the continued existence of species listed by the Federal government or the State as endangered, threatened, sensitive, or documented priority species or priority habitats.
4. The proposal avoids impacts and provides mitigation, pursuant to PCC 18E.40.050, to the maximum practical extent.
I. Decision Criteria – Cumulative Impact. In the granting of all Shoreline Variances, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if Shoreline Variances were granted to other development in the area where similar circumstances exist, the total of the Shoreline Variances shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment.
J. Burden of Proof. The applicant has the burden of proving that a proposal meets all applicable criteria for a Shoreline Variance.
K. Approval. The Examiner may approve an application for a Shoreline Variance, approve with conditions, or require modification of the proposal to comply with specified requirements or local conditions.
L. Denial. The Examiner shall deny a Shoreline Variance if the proposal does not meet or cannot be conditioned or modified to meet the applicable decision criteria of subsections D through I of this Section.