Laserfiche WebLink
of a preexisting improvement on the subject property that conformed to the zoning code <br /> in effect when the improvement was constructed; and <br /> 3. The variance will only grant the subject property the same general rights enjoyed by <br /> other property in the same area and zone as the subject property; and <br /> 4. The variance is the minimum necessary to allow the subject property the general rights <br /> described in subdivision 3 of this subsection; <br /> 5. The granting of the variance is not inconsistent with the goals and policies of the <br /> Everett general plan; <br /> 6. The need for the requested variance is not the result of a self-created hardship. <br /> D. Variances Prohibited. Under no circumstances shall the review authority grant a <br /> variance to any of the following: <br /> 1. To any provisions establishing the uses or buildings that are permitted to locate or that <br /> may continue to operate in any zone; or <br /> 2. To any of the procedural provisions of the code; or <br /> 3. To any provision that specifically states that its requirements are not subject to <br /> variance; or <br /> 4. To minimum lot size or maximum residential density requirements. <br /> E. Notification. Notification for variance applications shall be provided according to the <br /> required review process, specified as follows: <br /> 1. Review Process III.B. Written notice shall be mailed to all owners of property located <br /> within five hundred feet of the site boundaries at least ten days prior to the date of public <br /> hearing, and notice of the variance request shall be published at least seven days prior to <br /> the date of public hearing. <br /> 2. Review Process IV. Notice shall be mailed to all owners of property within five <br /> hundred feet of the site boundaries at least ten days prior to the public hearing and notice <br /> shall be published at least ten days prior to the public hearing. <br /> F. Review Authority Decisions. <br /> 1. Granting of a Variance. The decision of the review authority to grant a variance shall <br /> become effective as of the date set forth in the review authority's written order. If an <br /> appropriate permit is not obtained by the applicant within one year from the effective date <br /> of the written order, the review authority decision shall cease to be effective. <br /> 2. Conditions and Restrictions. If the review authority approves a variance request, <br /> conditions and restrictions may be applied thereto to assure that the granting of the <br /> variance is not detrimental to surrounding properties or public right-of-way. <br /> 3. Modification of Approved Site Plan. Any building, structure or use for which a <br /> variance has been granted shall be established in precise conformance with the site plan <br /> approved by the review authority. No change in the location of the building, structure or <br /> use shall be permitted without approval by the same review authority originally <br /> approving the variance. In considering any change to the approved plan, the same <br /> notification and public hearing procedures shall be followed as required for a new <br /> variance application. <br /> 4. Extension of a Variance. The planning department is authorized to grant a six-month <br /> extension of time to a variance, provided a written request is submitted prior to the <br /> expiration date specified by subdivision 1 of this subsection, and that the planning <br /> department finds that the applicant has made a good faith effort to obtain the appropriate <br /> permit within the specified time frame. The decision of the planning department shall be <br /> 16 <br />