2902 HEWITT AVE 2016-01-01 MF Import

_ _ .. . j � - � � I�'. T}iE BOARD OF ADJUSTI•?Etv: EXCEEDED �, ITS 1,UTHORITY SN ISSUING THE VARIANCE WHERE i �'. THE STANDARDS PRESCRIBED IN TNE ORDINI�NCE AUTHORIZING SUCH ARE NOT MET. • � � One of the' questions involving the merits to be determined � by the courr_ at the hearing in a certiorari proceeding is whether � - the authority conferred ,upon the body nas been pursued in the mode �� required by law, in order to authorize it to make the determination. . } i�� RCW 7.16.120 (2) . Another is whether ihere was any comoetent proof t,, of all the facts necessary to be proved, in order to authorize the � making of the determination. RCW 6.16. 12014) . � It is fiu�damental that a zo�ing authcrity' s power to act is � limite3 by the standards cohtained in the� zoning ordinance. Lund k A v. Tumwater, 2 Wash. App. 750, 472 P• 2d 550 (1970) (City Council' s authority to issue special use permit is limited by the standards contained in the ordinance) . Th� power of a Board of Adjustment to 9rant variances is a quasi-judicial powez to decide speciiic cases--not.a quasi-legislative power. Anderson, American L__ aw of Zonin , -(Second Edition): 518..70; -Beach, supra, (re= conditional ' use permits) . The power to grant variances is one delegated to the Boerd af Adjustment by the municipal legzslative body, and it is necessarily restricted by the standards which limit its scnpe an8 guide its use--such standards being essential to such deleaation of adninistrative Fower. American Law of Zonina, id. . See RCW 35. 63.080: "A council. . .may. . .provide for the appointnent of a board of adjustment, to make, in appropriate cases and sub�ect to appropriate conditions and safeguards es- tablished by ordinance, special esceptions in harmony with the general puzposes and int�nt and in accordance with general or specific rules therein con=ained. " -7-