Title
Amendments to the Municipal Code Related to Variances and Reasonable Use Exceptions - Briefing
Recommended Action
Information only, no action requested at this meeting.
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Issue:
Discussion of proposed amendments to the Municipal Code related to Reasonable Use Exceptions, which are a specific type of Variance from Critical Area Regulations. The primary purpose of amendments is to remove ambiguity of code language. Additional changes are proposed that would modify code applicability related to review authority and criteria applicability.
Staff Contact / Presenter:
Nicole Floyd, Principal Planner, Community Planning and Development, 360.570.3768
Background and Analysis:
Sites that are encumbered by critical areas (environmental constraints such as wetlands) are regulated by the Critical Area Ordinance which is a science-based set of regulations that protect environmentally sensitive areas through the use of buffers and similar limitations on development. In some situations, the critical area regulations can eliminate any development potential of a property. In these rare situations, an owner can apply for a Reasonable Use Exception (RUE), which is a type of variance to allow special exception from critical area regulations (usually buffers) so that reasonable economic use of the property can be achieved. Prior to applying for a RUE, all code established buffer modifications must be exhausted and found unworkable. These exceptions are a last resort and only allow minimal development. The code provisions are rarely applicable or used. Recent changes in the housing economy have resulted in increased interest in development of properties encumbered by Critical Areas, leading to increased scrutiny of the RUE provisions.
Some of the criteria for approval of an RUE are difficult to decipher because they are poorly worded, particularly in relationship to groups of parcels in single ownership. The primary purpose of these amendments is to re-word the lang...
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