Variance Application

The City of Longview has established a procedure that allows private property owners an opportunity for relief from the City's zoning code requirements when special circumstances are present.   This procedure is known as a variance. The variance procedure is a simple process that begins by contacting the Community Development Department. Applications for variances are reviewed and decided in a public hearing by the Appeal Board of Adjustment. The Appeal Board of Adjustment meets on the second Tuesday of each month, in the Council Chambers, at 4:30 pm.

What you will need:

1. Variance application form, completed and signed by the property owner or authorized agent.
2. Scaled drawing of your property with existing buildings and proposed new construction. Show all dimensions of all setback areas and show specific dimensions for the area that will be subject to the variance.
3. Legal description of the property.
4. $200.00 non-refundable filing fee.

1. Application Form

All written material must be placed on the variance application form. The property owner(s) name(s), applicant(s) name(s) and agent, if applicable; addresses and daytime phone numbers are also required. A brief description of the variance requested and the address where it will occur also needs to be included.

There are three standard criteria questions that need to be answered in as complete a form as possible. If the answers to the questions are longer than the space provided, supplemental pages may be added.

The three questions determine if the variance:

• Would grant special privilege to the property owner inconsistent with the uses of other properties in the vicinity and in the same zone where the property is located.
• Is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide the property with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located.
• Would not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and in the same zone in which the subject property is located. [LMC 19.12.140]
  

If all three questions can be answered to show the property owner is suffering by not being allowed to use the property in a consistent manner with other requirements, the Appeal Board of Adjustment may grant a variance.

2. Scaled Drawing

A scaled drawing of the property parcel and improvements upon the property must be submitted. The drawing should show current improvements as well as the area for which the variance is being requested. Precise setback dimensions from all property lines to buildings must also be included, along with the dimensions of the property.

3. Legal Description

The legal description for the property must also be included in the application materials.   Legal descriptions of property parcels are generally available to the public from either the Cowlitz County Assessor's Office or Auditor's Office.

4. Filing Fee

At the time of application submittal, a $200.00 non-refundable filing fee must be paid to the City of Longview in the form of cash or check only. If you are writing a check, make payment to the City of Longview. The City does not accept credit cards.

5. Procedure

The variance procedure begins when a completed application has been filed with the Community Development Department. Applicants should anticipate that the required public hearing before the Appeal Board of Adjustment will be held approximately 30-60 days following receipt of the completed application by the Community Development Department.

The 30 to 60 day lead time enables the City Staff to properly prepare a legal notice of the application and mail them to all property owners owning property located within 300 feet of the proposed action at least 10 days prior to the public hearing as required by City Ordinance, and to prepare a staff report of findings and conclusions on the application.

The applicant or agent must be present at the public hearing.

The public hearing generally begins with the presentation of the staff report of findings and conclusions by the City's Principal Planner, followed by questions by the members of the Appeal Board of Adjustment. The chairperson then asks if the applicant would like to make a presentation in support of the variance request. The Board may ask questions of the applicant. After the applicant's presentation, public comments both in support of and in opposition to the variance proposal are heard. When all discussion and questions on the matter have been completed, the Appeal Board of Adjustment renders a decision. The Board's decision is immediately final and binding.

If you disagree with the Board's decision, you may appeal the decision to the Cowlitz County Superior Court in accordance with Longview Municipal Code Section 19.12.170.

Rev. 8 / 2004