§ 21.15.013. Administrative variance from occupancy limits for residential care facilities.

A.

Intent. The intent of this section is to provide a procedure to allow persons with disabilities and assisted living providers to request reasonable accommodation from the planning department when access to decent safe, accessible and affordable housing with assisted living would not be available absent a reasonable accommodation. This administrative variance procedure is available to address application for minor variance in dimensional and setback requirements to accommodate special needs of persons with disabilities and to address application for variance in occupancy limits of no more than three persons.

B.

Application. Application for minor variance in dimensional and setback requirements to accommodate special needs of persons with disabilities and application for variance in occupancy limits of no more than three persons shall be made to the director of the planning department on a form provided by the municipality, shall be executed by or on behalf of the person with disabilities seeking the reasonable accommodation, or the owner of the real property, or the lessee with proof of the owner's consent, and shall be complete in all respects prior to review under this section.

C.

Notice of application for variance in occupancy limits. On an application for variance in occupancy limits, the planning department shall provide public notice and a period for written comment of no less than 21 days, as described in this subsection. The public notice shall include a description of the application, a legal description of the land, and if available, a street address for the property subject to the application, with a map of the vicinity. Notice, specifying written comment appropriate to the application for reasonable accommodation in occupancy limits may be submitted, shall be posted electronically on the planning department's municipal website, and mailed in hard copy to the following:

1.

Any officially recognized community council whose boundaries contain land described in subsection C.2. below;

2.

All persons listed on the records of the municipal assessor as owners of land subject to the application or as owners of (a) the parcels within 500 feet of the outer boundary of the land subject to the application or (b) the 50 parcels nearest to the outer boundary of the land subject to the application, whichever is the greater number of parcels, at the mailing addresses of such persons in the records of the municipal assessor;

3.

Such additional persons or geographic areas as the planning department may designate.

D.

Time for approval. The planning department shall make a determination on an application within 60 days of submittal. Notification of approval or denial shall be posted electronically on the planning department's municipal web site and furnished in writing to the applicant by mail or delivered by electronic means.

E.

Standards. In deciding to approve or deny an application, the planning department shall review the application and written comments addressing factors relevant to the request for reasonable accommodation, including but not limited to, the extent to which the application demonstrates the following, as related to the particular request of the applicant:

1.

For administrative variance applications to increase occupancy limits in R-1, R-1A, R-2A and R-2D districts, the extent to which the accommodation and the assisted living provider seek to protect and preserve the primarily residential character of the district. Factors may include traffic patterns, on-street parking patterns, the control exercised by the assisted living provider to mitigate environmental disturbance associated with ingress and egress of facility staff workers at shift change, and any other measures taken by the assisted living provider to ensure the commercial aspects of the facility do not detract from its residential purpose and the primarily residential character of the district. An example of a commercial aspect is if residential trash containers were standard in the neighborhood and the assisted living provider used one or more dumpsters due to volume. An example of a mitigation measure for this aspect the assisted living provider might take is to screen the dumpster.

2.

For administrative variance applications to increase occupancy limits, economic hardship on the intended occupants if the variance is denied. Cost and availability of other housing alternatives may be addressed in preparation and review of the application.

3.

Whether the requested accommodation and the assisted living provider are implementing accident prevention and safety measures specific to the needs of the residents, including but not limited to safety measures in state law and regulation, and in municipal fire code adopted under title 23.

4.

Whether the accommodation requested is advancing housing opportunities for disabled individuals in a residential community without jeopardizing residential aspects of the neighborhood with commercial aspects of operation.

5.

For administrative variance applications to increase occupancy limits, whether the proposed size of the facility is necessary for the facility's financial viability.

6.

External characteristics and impacts of the proposed facility, including without limitation appearance, projected contribution to traffic volumes and on-street parking within the neighborhood, available street lighting and sidewalks.

7.

Quantifiable risks to the health, safety, and quality of life of area residents and users.

8.

Administrative and economic burden on the municipality, in either approval or denial of the variance.

9.

Other factors deemed relevant to the applicant or the planning department in review of the application.

F.

Conditions. In approving a variance, the planning department may impose reasonable conditions designed to address the standards in subsection E. or mitigate impacts created by the variance.

G.

Appeal. All decisions of the planning department under this section shall be final unless an appeal is filed timely. Appeals of the decision to approve or deny a variance under this section shall be to the zoning board of examiners and appeals, pursuant to the provisions of sections 21.30.110 through 21.30.170, except an appeal may be brought by any person with standing to request reasonable accommodation under the Fair Housing Act, 42 U.S.C. § 3604(f).

(AO No. 2005-124(S-1A), § 2, 4-18-06)