Ordinance 2531-01 - Laserfiche WebLink

3. The variance will only grant the subject property the same general rights enjoyed by other property in the same area and zone as the subject property; and 4. The variance is the minimum necessary to allow the subject property the general rights described in section 3 of this subsection; 5. The granting of the variance is not inconsistent with the goals and policies of the Everett general plan; 6. The need for the requested variance is not the result of a self-created hardship. D. Variances Prohibited. Under no circumstances shall the review authority grant a variance to any of the following: 1. To any provisions establishing the uses or buildings that are permitted to locate or that may continue to operate in any zone; or 2. To any of the procedural provisions of the code; or 3. To any provision that specifically states that its requirements are not subject to variance; or 4. To minimum lot size or maximum residential density requirements. E. Variance Applications. Variance applications shall be reviewed and processed as specified in the City's Local Project Review Procedures Ordinance. F. Stay of Proceedings. If a request for a variance is made in an effort to remedy a violation of this title for which enforcement action has been commenced, the variance request stays all proceedings on the enforcement action until the variance has been acted upon. If, in the opinion of the Mayor, a stay of proceedings would cause imminent peril to life or property, the Mayor may continue enforcement action and such enforcement action may not be stayed except by a restraining order issued by Superior Court. If a variance request has been filed, enforcement shall be taken only to the extent that there shall no longer be imminent peril to life or property. SECTION 14 : That Chapter 41 of Ordinance No. 1671-89 as amended by Section 1 of Ordinance No. 2051-95 (EMC 19.41.140) which reads in part as follows: Board of adjustment created. A. Created - Purpose - Membership - Term. A board of adjustment is herewith established. The board shall hear and decide all applications for variances from the provisions of requirements of this title except as specified in Section 41.130. The board members shall be appointed by the mayor with consent of the council and shall consist of citizens having an understanding of the benefits of zoning to the municipality. B. Meetings. Meetings of the board shall be held at such times as the chairman of the board may determine, or upon request of the city administration. There shall be a fixed place of meetings, and all regular board meetings shall be open to the public. Notice of all public hearings before the board shall be given by publication in the city official newspaper at least ten calendar days prior to the date set for the hearing. The board shall adopt its own rules of procedure and keep a record of its proceedings, findings and action in each case, and the vote of each member on each question considered in the proceedings. The presence of a majority of the entire membership shall be necessary to constitute a quorum. In order to approve any item or application brought before the board of adjustment, a majority of the board as constituted shall be required to vote in favor of such an approval. 18