BOCC Exhibits A-E ECY Approved SMP-Code Amendments

Home Browse Search

Kittitas County Shoreline Master Program Chapter 7 150 March 7, 2016 Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance Kittitas County Shoreline Master Program Exhibit A | March 2016 | Page 150 of 339 a. General provisions. Variance permits should be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. Variances from the use regulations of the Master Program are prohibited. b. Review criteria for all variances. Variance permits for uses and/or development that will be located landward of the OHWM and/or landward of any wetland may be authorized provided the applicant can demonstrate all of the following: i. That the strict application of the bulk, dimensional or performance standards set forth in the applicable Master Program precludes, or significantly interferes with, reasonable use of the property; ii. That the hardship 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 Master Program, and not, for example, from deed restrictions or the applicant's own actions; iii. That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and SMP and will not cause adverse impacts to the shoreline environment; iv. That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; v. That the variance requested is the minimum necessary to afford relief; vi. That the public interest will suffer no substantial detrimental effect; and vii. That the cumulative impact of additional requests for variances in the area where similar circumstances exist would not produce substantial adverse effects to the shoreline environment. c. Additional review criteria for variances waterward of the OHWM. In addition to the criteria established under subsection 4.b above, applicants for variance permits for uses and/or development that will be located waterward of the OHWM must also demonstrate: i. That the strict application of the bulk, dimensional or performance standards set forth in the applicable Master Program precludes all reasonable use of the property; and ii. That the public rights of navigation and use of the shorelines will not be adversely affected. 7.7 Review procedures 1. Generally. The general procedural requirements of the County shall apply to shoreline permits except where this chapter is more restrictive or specific, in which case the provision of this chapter shall apply.