12.01.130 Variances (Departures from the Standards) and Appeals.

Variances from these Standards may be granted by the Road Variance Committee, comprised of the Public Works Director, Fire Marshal, or designees, and one citizen appointed by the BOCC.

If the proposed road variance is located within a fire district, notice of the proposed variance shall be provided to the applicable fire district at the same time as the Road Variance is submitted to the County Engineer. The Fire District shall have a minimum of 14 days to submit comments from the application submittal date to the variance hearing date.

The granting of a variance shall be in the public interest. When the need for a variance can be identified in advance, the variance should be proposed at preliminary plat stage and be included for consideration during plan review and public hearing. Variances from the standards in this title will be considered on a case-by-case basis. Variances will be granted only upon evidence that the variance demonstrates the following:

1. Unusual circumstances or conditions apply to the property and/or the intended use that do not apply generally to other property in the same vicinity or district; and
2. Such variance is necessary for the preservation and enjoyment of a substantial property right of the developer possessed by the owners of other properties in the same vicinity or district; and
3. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which the property is located; and
4. Special conditions and circumstances do not result from the actions of the developer; and
5. The granting of such variance will not adversely affect the realization of the Kittitas County Comprehensive Plan, Long-Range Transportation Plan or this title.

The variance request(s) shall consist of:

1. Variance fee.
2. Variance application.
3. Identification of the standard provision to be waived or varied.
4. Identification of the alternative design or construction standards to be adhered to.
5. A thorough justification of the variance request.

Requests may be prepared by the developer, professional civil engineer licensed to practice in Washington, or professional land surveyor licensed to practice in Washington. To appeal the denial or imposition of conditions of a variance decision, an appeal shall be filed per KCC 15A.07 or KCC 15A.08, based on the underlying land use decision in accordance with Ch. 36.70B RCW. (Ord. 2022-005, 2022; Ord. 2018-001, 2018; Ord. 2015-010, 2015)

Tate Mahre, Clerk

Meeting Date - Third Wednesday of every month at 1:30pm (Public Works Conference Room)

509-962-7523