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22-102749-Checklist-06-28-2022Bulletin #045 – January 20, 2022 Page 1 of 4 k:\Handouts\Variance SUBMITTAL REQUIREMENTS FOR ADMINISTRATIVE VARIANCE OR VARIANCE ADMINISTRATIVE VARIANCE (USE PROCESS III) WHEN AN ADMINISTRATIVE VARIANCE IS USED Reference to an Administrative Variance in found in Federal Way Revised Code (FWRC) 19.45.015. An administrative variance may be granted if it does not exceed 25 percent of the measurable standard. The city will process an administrative variance as a Use Process III (Project Approval) per FWRC Chapter 19.65. WHO MAKES THE DECISION The Community Development Director issues the decision based on review and analysis of decisional criteria, the official file, and written public comment. APPEALS Appeals of Use Process III decisions are heard and decided on by the City of Federal Way Hearing Examiner. ------------------------------------------------------------------------------------------------------------------------------- VARIANCE (USE PROCESS IV) WHEN A VARIANCE IS USED Reference to a Variance is found in FWRC Chapter 19.45. A variance may be granted if it does not meet the 25 percent measurable standard for an administrative variance. The city will process a variance as a Use Process IV (Hearing Examiner) per FWRC Chapter 19.70. WHO MAKES THE DECISION The city’s Hearing Examiner makes Process IV decisions following a public hearing. APPEALS Appeals of Use Process IV decisions are heard and decided on by King County Superior Court. ------------------------------------------------------------------------------------------------------------------------------- HOW TO APPLY This form is to be used as a guide in determining what constitutes a complete application. All application materials must be submitted electronically. Please visit our website at https://www.cityoffederalway.com/node/4588 to request a document upload link and obtain information on how to successfully prepare your application materials for electronic submittal. All checked items must be submitted to constitute a complete application. Incomplete applications or improperly named/formatted documents will not be accepted. The applicant will be notified of a complete application within 28 days of submittal. A complete application does not imply compliance or conformance with applicable codes. Additional fees may be required for consultant peer review of critical areas reports. Your application will be evaluated on the basis of the information you provide, the criteria listed in the pertinent sections of the city code, and inspection of the property. COMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #045 – January 20, 2022 Page 2 of 4 k:\Handouts\Variance SUBMITTAL REQUIREMENTS Project Name: Project Description: Applicant/Agent: File No: Required Submitted Completed Master Land Use application with owner’s signature. Copy of summary letter and checklist from preapplication conference. Application Fees Current title report for the subject property. Written statement discussing the following criteria. Your statement will be included in the decision document. The burden of proof shall be on the applicant to provide all relevant information. The city may grant your request only if it finds all the following are met. a) That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. b) That the variance is necessary because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located. c) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. d) That the special circumstances of the subject property are not the result of the actions of the owner of the subject property. Bulletin #045 – January 20, 2022 Page 3 of 4 k:\Handouts\Variance Required Submitted Complete sets of scaled drawings. Minimum plan sheet size shall be 24 x 36 inches. Plans must be drawn at an engineering scale that allows the entire plan to fit on one sheet. Minimum scale is 1 to 20, unless otherwise authorized. All information is to be legible. Plans shall be prepared by a certified professional (licensed in the state of Washington) unless otherwise authorized. Site Plan Project name, plan date, and/or revision date(s). Name and phone number of the owner/agent. Name, phone number, and license stamp of preparer. North arrow and bar scale. Vicinity map. Site area. Total parking stalls count. Total gross floor area of all proposed floors or levels. Location and dimensions of existing and proposed structures, property lines, sidewalks, easements, parking layout, street edges, mechanical equipment, trash enclosures, outdoor uses, storage areas, fencing, rockeries, and retaining walls. Streams, ponds, wetlands, natural drainage courses, and other surface water features on or within 225-feet of the site. Location of stands of trees as defined by FWRC 19.05.200. Existing and proposed utilities including: utility poles and boxes, water, storm sewer, sanitary sewer, and fire hydrants. Structures and driveways within 150-feet of subject site (on both sides of street). Building Elevations Project name, plan date, and/or revision date(s). Name, phone number, and license stamp of preparer. Bar scale. Front, rear, and side (labeled as north, south, east, & west) building elevations of proposed structures. Exterior wall openings. Roof-top and ground based mechanical equipment screen details. Building height calculation. Bulletin #045 – January 20, 2022 Page 4 of 4 k:\Handouts\Variance Required Submitted  Projects that involve review of work proposed within critical areas many times require that the city contract out for expert technical assistance with the review. Under Federal Way Revised Code (FWRC) 19.145.080, the city may require the applicant, at the applicant’s expense, to provide any information, mapping, studies, materials, inspections, and/or reviews that are reasonably necessary to implement the critical areas article, and to require that such information, studies, mapping, materials, inspections, and/or reviews be provided or performed by a qualified professional acceptable to the city. You will be advised at the earliest possible point if your project will be subject to these types of expenses.  Any information or materials that is specified in the provisions of this code that describe the applied for decision, as determined by the city.  Any additional information or materials that the Director of the Community Development determines is reasonable.