HomeMy WebLinkAboutres1982-0441
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
(DATE: August 19, 1982
INTRODUCED BY: Hansey
PROPOSED BY: Prosecuting Atty Dept.
RESOLUTION NO. 82 -44
A RESOLUTION FOR THE PURPOSE OF PROVIDING
GUIDANCE TO COUNTY DEPARTMENTS IN EVALUATING
DESIGN VARIANCE REQUESTS IN LAND USE MATTERS.
WHEREAS, the County Zoning and Subdivision Ordinances and
the Whatcom County Code establish the right to obtain design
variances; and,
WHEREAS, the standards set forth for the granting of such
variances is that they shall be "in accordance with good planning
practices" and,
WHEREAS, it is the responsibility of the County Council to
approve such variances based upon the recommendation of County
Departments; and,
WHEREAS, it would aid County Departments in evaluating
variance requests, promote efficiency and timely review of such
requests, and be of benefit to the public to clarify the considera-
tions inherent in implementing good planning practice.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Any request for a variance pursuant to the provisions of
Section 2.24.760.553(1) of the Whatcom County Interim Zoning
Ordinance, or Section 20.88.130(1) of the Whatcom County Code, or
Section 8.44.060 of the Whatcom County Subdivision Ordinance, shall
be reviewed by the appropriate County Departments in light of the
following criteria:
1. The applicant shall have submitted a detailed site
development plan and narrative description for the proposed project.
Said plan and description shall delineate the various components
of the proposal and said components shall be combined in a manner
which is consistent with the underlying zoning district use re-
quirements, Comprehensive Plan policies and any applicable develop-
ment standards.
2. The applicant shall establish that the proposed project
cannot be accomplished through employment of the conventional design
procedures contained in the applicable provisions of the Zoning
and Subdivision Ordinances; and that the waiver of such provisions
will not defeat the policies contained in such ordinances, nor
harm the public interest or welfare.
RESOLUTION - 1.
,5'FZ
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25'
0
3. The design procedures proposed to be used in the develop•
ment of the project shall be reviewed by the County department re-
sponsible for short -range planning.
4. The proposal shall demonstrate that there are adequate
services and utilities available to the site, or such are proposed
to be made available pursuant to the construction of the project.
5. Any detrimental impacts to neighboring properties, or
any demands made upon public facilities which result from the
granting of the design variance requested herein, shall not exceed
the maximum that would be approximately attributable to the property
if it had been developed with identical uses under conventional
design standards.
6. With respect to residential uses, the overall density
shall not exceed that permitted by the underlying zoning or
Comprehensive Plan designation, whichever is more specific. Providec
that if the development is proposed to be subdivided into residential
lots, those portions of the site which shall be used to compute
density shall not include any areas devoted to commercial enterprisef
except farming and forestry or to other uses catering primarily to
an off -site clientle. Further provided, that in the absence of a
specific zoning district standard, the overall density of mobile
home parks shall not exceed three units per acre.
PASSED by the Whatcom County Council this 19th day of
August 1982.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Mia. L� �J'
SHIRLEY AN Z NTEN
Vice =Chair
AITTEST%
27_ tier& oK -tne uo4nci..i
28
29
30
31
32
ESOLUTION - 2.
r.
CHIEF CRIMINAL DEPUTY
Mac D. Setter
'RIMINAL DEPUTIES
Randall J. Watts
Terrance G.. Lewis
David C. Cottinghem
Martha V. Gross
Joan H. Glller
WHATCOM COUNTY PROSECUTING ATTORNEY
DAVID S. McEACHRAN
Courthouse 311 Grand Avenue
BELLINGHAM, WASHINGTON 98225
(208) 878 -8784
MEM.O.RAN.DU.M,
TO: Will Roehl,
Council Chairperson
FROM: Bruce L. Disend,
Deputy Prosecuting ,Attorney
DATE: August 5, 1982
RE: Design Variance Standards
CHIEF CIVIL DEPUTY
Eugene R. Moses
�'iU G :) 1982
WHATCOM COUNTY
COUNCIL
Attached is a copy of proposed variance standards
prepared by the Hearing Examiners. They are intended to
establish criteria for those sections of our land use ordinances
which provide for variances but fail to set forth standards
for implementation;
While I might take issue with some of the wording
of the proposal, the substance is good. As you are well aware,
there is a pressing need to adopt standards.. Several projects are
currently under review by County departments which will require
design variances. Time is indeed of the essence.
Therefore, it is my request that,at the earliest
possible date, the proposed standards be brought to committee
for discussion and, hopefully, recommendation to the full
Council for adoption.
BLD :db
cc: Donovan Kehrer
Warren Bursick
Stafford Smith
Jerry Mixon
CIVIL DEPUTY
L m
�5
L�
Bruce L. end
jjU/7 D
�'iU G :) 1982
WHATCOM COUNTY
COUNCIL
Attached is a copy of proposed variance standards
prepared by the Hearing Examiners. They are intended to
establish criteria for those sections of our land use ordinances
which provide for variances but fail to set forth standards
for implementation;
While I might take issue with some of the wording
of the proposal, the substance is good. As you are well aware,
there is a pressing need to adopt standards.. Several projects are
currently under review by County departments which will require
design variances. Time is indeed of the essence.
Therefore, it is my request that,at the earliest
possible date, the proposed standards be brought to committee
for discussion and, hopefully, recommendation to the full
Council for adoption.
BLD :db
cc: Donovan Kehrer
Warren Bursick
Stafford Smith
Jerry Mixon
PURPOSE: I.n the absonce oI' 3pirci f•i( re%-ir.w standards- and i t,
A
estab.l .i died for tllr (1V,1.luu t 'ion and gra.nt i ng:; of
legisIntively authorized Variances, tyre following; her%• •
been enacted to guide the exercise of such discretion
and provide a ha:,i:; for judicial review.
Any request for a variance pursuant to the provisions of Section
2.24.760.553(1.) of the WHATCOM COUN'T'Y INTERIAi ZONING ORDINANCE_ the
WHATCOM COUNTY CODE Section 20.£3$. 134(1) , or Section 8.414 .060 f
the WHATCOM- COUN'T'Y SUBDIVISION ORDINANCE, shall be g;ranLed by l.11r'
Whateorrt County Council only uE)on a finding that all of the
following requ i r(Inen is Iiavt-) been met:
1. The applicant has submitted a detailed site development plan
and narrative description for an integrated project in which
the various components are sythesized.toward a rational land
development goal which is consistent with underlying zoning;
district use requirements, Comprehensive Plan policies, and
any applicable general development standards.
2. The attainment of the proposed land development goal cannot
accomplished through employment of the conventional design
procedures contained in the applicable provisions of the
zoning and subdivision ordinances; yet the waiver of such
procedures in this instance will not defeat the policies
contained in such ordinances nor harm the public interest or
welfare.
3. The design procedures proposed to be used in development of
this project have been reviewed by the Planning Department
and are found to be based on sound planning principles.
- - - -- -- - - —A -f i i i ties available to the