17.114.200 Variances.
(1) Variances from the standards of this chapter or Chapters 17.115 through 17.135 SMC may be authorized by the city in accordance with the procedures set forth in Chapter 17.35 SMC. The director or hearing examiner shall review the request and make a written finding that the request meets or fails to meet the variance criteria.
(2) Variance Criteria. For deviations from critical areas regulations, a variance may be granted only if the applicant demonstrates that the requested action conforms to all of the criteria set forth as follows:
(a) Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district;
(b) The special conditions and circumstances do not result from the actions of the applicant;
(c) A literal interpretation of the provisions of this chapter or Chapters 17.115 through 17.135 SMC would deprive the applicant of privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this chapter, and the variance requested is the minimum necessary to provide the applicant with such rights;
(d) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter or Chapters 17.115 through 17.135 SMC to other lands, structures, or buildings under similar circumstances;
(e) The granting of the variance is consistent with the general purpose and intent of this chapter and Chapters 17.115 through 17.135 SMC, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property;
(f) The decision to grant the variance includes the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish-habitat; and
(g) The granting of the variance is consistent with the general purpose and intent of the Stanwood Comprehensive Plan and adopted development regulations.
(3) Conditions May Be Required. In granting any variance, the city may prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this chapter.
(4) Time Limit. The city shall prescribe a time limit within which the action for which the variance is required shall be begun, completed, or both. Failure to begin or complete such action within the established time limit shall void the variance.
(5) Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and upon which any decision has to be made on the application. (Ord. 1164 § 4, 2004).