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<br /> <br />Kittitas County Shoreline Master Program <br />Chapter 7 153 <br />March 7, 2016 <br />with the Act and the local Master Program. <br />h. When converting from one nonconforming use to a different nonconforming use, <br />the applicant must demonstrate that no reasonable alternative conforming use is <br />practical and that the proposed use will be at least as consistent with the policies <br />and provisions of the Act and the Master Program and as compatible with the <br />uses in the area as the pre-existing use. <br /> <br />4. Variance. <br />a. General provisions. Variance permits should be granted in circumstances where <br />denial of the permit would result in a thwarting of the policy enumerated in RCW <br />90.58.020. In all instances the applicant must demonstrate that extraordinary <br />circumstances shall be shown and the public interest shall suffer no substantial <br />detrimental effect. Variances from the use regulations of the Master Program are <br />prohibited. <br /> <br />b. Review criteria for all variances. Variance permits for uses and/or development <br />that will be located landward of the OHWM and/or landward of any wetland may <br />be authorized provided the applicant can demonstrate all of the following: <br />i. That the strict application of the bulk, dimensional or performance <br />standards set forth in the applicable Master Program precludes, or <br />significantly interferes with, reasonable use of the property; <br />ii. That the hardship is specifically related to the property, and is the result of <br />unique conditions such as irregular lot shape, size, or natural features and <br />the application of the Master Program, and not, for example, from deed <br />restrictions or the applicant's own actions; <br />iii. That the design of the project is compatible with other authorized uses <br />within the area and with uses planned for the area under the <br />comprehensive plan and SMP and will not cause adverse impacts to the <br />shoreline environment; <br />iv. That the variance will not constitute a grant of special privilege not enjoyed <br />by the other properties in the area; <br />v. That the variance requested is the minimum necessary to afford relief; <br />vi. That the public interest will suffer no substantial detrimental effect; and <br />vii. That the cumulative impact of additional requests for variances in the area <br />where similar circumstances exist would not produce substantial adverse <br />effects to the shoreline environment. <br /> <br />c. Additional review criteria for variances waterward of the OHWM. In addition to <br />the criteria established under subsection 4.b above, applicants for variance <br />permits for uses and/or development that will be located waterward of the OHWM <br />must also demonstrate: <br />i. That the strict application of the bulk, dimensional or performance <br />standards set forth in the applicable Master Program precludes all <br />reasonable use of the property; and <br />ii. That the public rights of navigation and use of the shorelines will not be