General Variance Process
The Unified Land Development Code has specific numerical development standards, such as setbacks or building height, which all development must comply with. There are occasions, however, when the strict application of such standards may be inappropriate because of special characteristics of the property. The variance procedure is designed to permit minor adjustments to the development regulations when there are special or extraordinary circumstances applying to a parcel of land or a building. A variance is only granted when strict enforcement of the development standards as it applies to a specific lot would present practical difficulties in the use of the property and without the variance, the property becomes unusable [MICCC 19.06.110 (B)].
What justifies a variance?
Special circumstances may include factors such as size, shape, topography, location of the lot, the trees, ground cover, or other physical conditions of the lot and its surroundings; or factors necessary for the successful installation of a solar energy system such as a particular orientation of a building for the purposes of solar access. The adjustments permitted by a variance are limited to specific numerical development standards. A change of use cannot be permitted by the variance procedure (such as an automotive dealership in a residential zone). In addition, a finding must be made noting that granting the variance will not be materially detrimental to the public welfare, injurious to the property, or improvements in the vicinity and zone in which the property is situated. The granting of the variance cannot alter the character of the neighborhood, nor impair the appropriate use or development of adjacent properties.
Variances are reviewed by a Hearing Examiner. It is important to stress that a variance can only be granted if a finding of a special circumstance, as previously described, is made. A variance cannot be granted to simply make property development less costly or to expand the use of the property.
How do I apply for a variance?
Project Consideration
Early in the consideration of a potential project, carefully review the Unified Land Development Code to ensure all regulations are met. Alternatives should be thoroughly investigated to ascertain whether project objectives can be accomplished without requesting a variance. It is the applicant’s responsibility to prove that a variance is needed. The applicant must demonstrate that the project meets applicable variance criteria, that alternatives were considered, and then explain why those alternatives were not feasible. (Note: An application for a variance involves substantial time, expense, and risk for a property owner. An application does not guarantee approval and fees are not refunded if the application is denied.)
Click here for the fee schedule.
Staff Consultation
After reviewing the applicable development regulations as they relate to your project, make an appointment to meet with a planner to discuss the proposed variance application prior to submission.
Filing an Application
Click here for a Variance Application. Only completed applications are accepted by the Community Planning and Development staff. Applications will be reviewed to ensure all necessary information is provided. Please be mindful that all application material submitted is public record and may be reviewed by members of the public. Good organization and a clear and concise written narrative of the variance request and your response to the applicable variance criteria is important.
After the complete project application is submitted, your application is assigned to a staff planner. The staff planner assigned to the project will be your primary contact and staff liaison throughout the process. The application is routed to any necessary outside agencies and City staff members who will provide input on the project. Within 28 days after the application is submitted, the staff planner assigned to the project will notify you whether the application is complete for processing or if additional information is required.
When the application is deemed complete, the variance application will be noticed in the City's Weekly Permit Bulletin.
Staff Review
Property owners within 300 feet of the subject property will be notified by mail of the proposed variance and will be give a minimum of 14 days to provide written comment on the project. Public comment may also be given at the public hearing. The applicant is responsible for posting a public notice sign of the proposed variance in a prominent location on the site visible from the street. The notices identify the nature of the variance and, if applicable, will give the time, date, and place of any public hearing.
How long will the process take?
The estimated time for processing a variance application will vary depending upon the complexity and magnitude of the change and staff workload. You will be notified within 28 days of submitting your application as to whether staff has determined the project application to be complete or whether the application requires additional information. Once an application is determined to be complete, the Hearing Examiner has 120 days to issue a notice of decision. Most variances are categorically exempt from environmental review. If environmental review is required, allow additional time for staff review and determination.
Important Note:
This information is summarized from Title 19 of the Mercer Island City Code, "Unified Land Development Code and is provided for quick reference only. To determine exact requirements, and for other development regulations affecting a parcel or lot, Title 19 should be consulted.
