20.25E.190 Variance to the Shoreline Master Program.
A. Applicability and Scope. This section applies to each application for a shoreline variance. This section establishes the procedures and criteria that the City will use in making a decision upon an application for a shoreline variance to the provisions of the Shoreline Master Program. Criteria for obtaining a shoreline variance shall be as set forth in Chapter 173-27 WAC and LUC 20.25E.150 and this section.
B. Limitation on Filing. An application for a shoreline variance will not be accepted for filing unless accompanied by a complete application for a Shoreline Substantial Development Permit. Refer to LUC 20.25E.160.
C. Purpose. The purpose of a variance to the SMP is strictly limited to granting relief to specific bulk, dimensional or performance standards set forth in the SMP where there are extraordinary or unique circumstances relating to the property such that strict implementation of the standards would impose unnecessary hardships on the applicant or thwart the policies of the SMA.
D. Decision Criteria.
1. The City may approve or approve with modifications an application for a shoreline variance to the SMP if:
a. Denial of the variance would result in thwarting the policy of RCW 90.58.020;
b. The applicant has demonstrated extraordinary circumstances and the public interest will suffer no substantial detrimental effect;
c. The strict application of the bulk, dimensional or performance standards of the SMP precludes, or significantly interferes with, reasonable use of the property;
d. The hardship described in subsection D.1.c 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 SMP, and not, for example, deed restrictions or the applicant’s own actions;
e. The design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Bellevue Comprehensive Plan and SMP and will not cause adverse impacts to the shoreline environment;
f. The variance does not constitute a grant of special privilege not enjoyed by the other properties in the area, and is the minimum necessary to afford relief; and
g. If the variance permits development and/or uses that will be located either waterward of the ordinary high water mark as defined in RCW 90.58.030(2)(c), or within any wetland as defined in RCW 90.58.030(2)(h), it may be authorized provided the applicant can demonstrate compliance with the following additional criteria that:
i. The strict application of the bulk, dimensional or performance standards of the SMP precludes all reasonable use of the property, and
ii. The public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance.
2. Consideration of Cumulative Impacts. In the granting of all variance approvals, the City shall also consider the cumulative impacts of additional requests for like actions in the area. For example, if variance approvals were granted for other development and/or uses in the area where similar circumstances exist, the total of the variance approvals shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment.
3. Limitation on Authority. The Director may not grant a variance to:
a. The provisions of LUC 20.10.440 or Part 20.25E LUC establishing the allowable uses in each land use district or environment designation;
b. The provisions of LUC 20.25E.100 through 20.25E.140, the provisions or LUC 20.25E.150 through 20.25E.200, or any other procedural or administrative provision of the Land Use Code (including the definitions);
c. Any provisions of the Land Use Code within the primary approval jurisdiction of another decisionmaker as established by the BCC; or
d. Any provision of the Land Use Code which, by the terms of the Code, is not subject to a variance.
E. Effective Date. Notwithstanding the provisions of LUC 20.25E.100 through 20.25E.130, a shoreline variance approval is not effective until it is approved by the Department of Ecology as required by WAC 173-27-200.
F. Appeals of Department of Ecology Final Decisions. Appeals of the Department of Ecology decision to grant, deny or rescind a shoreline variance approval shall be in accordance with RCW 90.58.180.
G. Commencement of Activity. Development shall not commence and is not authorized until a shoreline variance is approved by the Department of Ecology or until all review proceedings before the Shorelines Hearings Board are terminated if the proceedings were initiated within 21 days of the date of receipt as defined in RCW 90.58.140(6). (Ord. 6416, 5-21-18, § 2)