Seattle SDCI Tip #330 Environmentally Critical Areas Yard & Setback, Steep Slope Erosion Hazard And Wetland Buffer Variances CAM330

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700 5th Avenue, Suite 2000

P.O. Box 34019

Seattle, WA 98124-4019

(206) 684-8600

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Environmentally Critical Areas

— Yard & Setback, Steep Slope

Erosion Hazard and Wetland

Buffer Variances:

Application Instructions and

Submittal Requirements

Updated May 15, 2017

Note: When this Tip refers to ECA regulations that

apply within the Shoreline District, please reference

ECA regulations dated before May 15, 2017. When

the Tip refers to ECA regulations that apply outside

the Shoreline District, please reference ECA regula-

tions dated May 15, 2017.

YARD AND SETBACK VARIANCES

City of Seattle regulations for environmentally criti-

cal areas (ECAs) include a provision authorizing the

Seattle Department of Construction and Inspections

(SDCI) to allow a 25 percent reduction (up to a maxi-

mum of 5 feet) in yard or setback requirements for

development on a lot in existence as a legal building

site prior to Oct. 31, 1992. This reduction does not

require a variance if the full width of a riparian man-

agement area, steep slope erosion hazard area buffer,

or wetland buffer is maintained. ECA regulations are

contained in the Seattle Municipal Code (SMC), Chap-

ter 25.09.

Any yard or setback reduction greater than 5 feet that

also maintains the full width of a riparian management

area, steep slope erosion hazard area buffer, or wet-

land buffer requires approval through an ECA yard or

setback reduction variance. The Director may estab-

lish conditions to mitigate the reduction of the yard,

setback, steep slope erosion hazard area buffer and

steep slope erosion hazard area. For more detailed

information, please see SMC Section 25.09.280. For

proposals in ECA areas that are within a Shoreline

District (generally land within 200 feet of a shoreline),

ECA variances must be requested as a Shoreline

Variance (see TIP 209, Application Requirements for

Shoreline Permits).

Before applying for a yard or setback reduction vari-

ance, applicants should consider other provisions that

may change a wetland buffer or steep slope ero-

sion hazard area buffer or allow development in the

riparian management area. These other provisions

are set out in SMC sections 25.09.160 (wetlands),

and 25.09.180 (steep slopes) for projects within the

Shoreline District (Chapter 23.60A) and 25.09.090

for projects outside the Shoreline District. If reduc-

ing the yard or setback does not mitigate the hard-

ship unless the ECA buffer is also reduced, then no

variance can be granted under 25.09.280. However,

for steep slopes, a variance may be possible under

25.09.180.E, for projects within the Shoreline District

(Chapter 23.60A) and 25.09.290 for projects outside

the Shoreline District, or a Category IV wetland buf-

fer may be reduced under 25.09.160.D for projects

within the Shoreline District (Chapter 23.60A) and

25.09.160.E for projects outside the Shoreline District.

If the remedies provided in these sections are insuffi-

cient, the applicant may be eligible for an ECA excep-

tion. Please see SMC Section 25.09.300 and Tip 328,

Environmentally Critical Area Exceptions.

STEEP SLOPE EROSION HAZARD AREA

VARIANCES

The Director may reduce the steep slope erosion haz-

ard area buffer and/or may authorize limited intrusion

into the steep slope erosion hazard area. The appli-

cant must demonstrate that the lot where the steep

slope and/or steep slope buffer is located was in

existence before Oct. 31, 1992; and that the variance

criteria under Section 25.09.280.B for projects within

the Shoreline District (Chapter 23.60A) and 25.09.290

for projects outside the Shoreline District are met.

The Director is authorized to allow only the minimum

reduction or intrusion needed to mitigate the hardship

found under SMC Section 25.09.280.B.2 for projects

330

SDCI Tip #330—ECA Yard & Setback, Steep Slope and Wetland Buffer Variances page 2

LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance

with all code and rule requirements, whether or not described in this Tip.

within the Shoreline District (Chapter 23.60A) and

25.09.290 for projects outside the Shoreline District

and must do so in the following order of priority:

1. Reduce the yards and setbacks

2. Reduce the steep slope erosion hazard buffer

3. Allow an intrusion into the steep slope erosion haz-

ard buffer

4. Allow an intrusion into not more than 30 percent of

the steep slope erosion hazard area

CATEGORY IV WETLAND BUFFER

REDUCTION VARIANCES

Like the steep slope erosion hazard area variance,

there may be circumstances where the application

meets the criteria for a yard or setback reduction vari-

ance, but reducing the yard or setback does not result

in completely maintaining a wetland buffer. The Direc-

tor is authorized to reduce the required wetland buffer

for Category IV wetlands, but never to less than 35 feet.

The lot where the buffer is located must have been in

existence before Oct. 31, 1992.

The Director can approve a wetland buffer reduction

variance only if the site does not meet the criteria for

buffer averaging in SMC Section 25.09.160.D.1 for

projects within the Shoreline District (Chapter 23.60A)

and 25.09.160.E.1 for projects outside the Shoreline

District or if buffer averaging does not relieve the hard-

ship found under SMC Section 25.09.280.B.2. The

Director is authorized to allow only the minimum reduc-

tion needed to mitigate the hardship after the yards or

setbacks have been reduced and after buffer averag-

ing (if allowed). The wetland must be restored on site,

and the Director may establish conditions to mitigate

the reduction of the yard, setback, or buffer.

For more detailed information, please see Table A for

25.09.160 (wetland buffer), in addition to 25.09.280.

It should be noted that an ECA variance can only

modify certain development standards specifically

contained within the ECA ordinance or in the Land Use

Code. There are other related codes and ordinances

that cannot be modified through the ECA variance pro-

cess. For example, the Floodplain Ordinance restricts

development in floodways that cannot be modified with

an ECA variance.

PLANS REQUIRED

SDCI requires plans that clearly describe the pro-

posed structure or development with emphasis on

the extent of the modification for which this variance

is sought. The applicant must also provide a written

analysis of the variance criteria.

The types of plans required may include:

SITE PLAN—All applications will require a detailed

site plan, per the requirements of Tip 103B, ECA Site

Plan Requirements, describing the existing and pro-

posed developments. The site plan must include the

boundaries of all ECAs, ECA buffers, limits of develop-

ment coverage, limits of site disturbance, location of

significant trees and vegetation areas, proposed and

existing utility locations, and notations of variations

from yard or setback requirements, any proposed buf-

fer reduction, and calculations of any proposed steep

slope intrusion. The applicant must also provide a

written analysis of the variance criteria.

ELEVATION PLANS—Elevation views with particular

emphasis on describing those portions of a structure

that require a variance action may be helpful.

FLOOR PLANS—Floor plans of proposed and existing

structures showing the use of all floor areas.

LANDSCAPING AND OPEN SPACE PLANS—All

projects must show landscaping meeting City stan-

dards. All projects involving residential use must show

open space or amenity area meeting City standards,

particularly where proposed development will replace

existing open space. Single family residences in

single-family zones do not need to show open space.

However, the configuration of existing or proposed

landscaping may be used to support an application.

CONTEXT MAP—A map illustrating the subject prop-

erty in relation to developments in the vicinity should

be provided to give support to the application.

TOPOGRAPHIC MAP—A topographic map is required

for sites with steep slope erosion hazard areas and

steep slope buffers. This information may also be

helpful for variance applications on sites with other

ECAs.

Additonal requirements:

SDCI may also require the following technical reports:

a. Vegetation and revegetation report

b. Geotechnical report

c. Hydrology report

SDCI Tip #330—ECA Yard & Setback, Steep Slope and Wetland Buffer Variances page 3

LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance

with all code and rule requirements, whether or not described in this Tip.

d. Wetlands/riparian corridor report

e. Other reports as required

For a checklist of the specific plan and application

requirements for your project, please visit our Appli-

cant Services Center (ASC). The ASC is located on

the 20th floor of Seattle Municipal Tower at 700 Fifth

Ave. Call for business hours at (206) 684-8850 or

check online at www.seattle.gov/dpd/aboutus/

whoweare/applicantservicescenter/.

APPLICATION FEES & PROCEDURES

An initial minimum application fee is due at the time

you apply. This fee is charged in accordance with

the Seattle Fee Subtitle, available from SDCI's Public

Resource Center (PRC), or online at www.seattle.

gov/dpd/codesrules/codes/fees/. Additional review

fees at an hourly rate apply, and are invoiced monthly.

Information on fee rates and procedural requirements

is available by calling our PRC at (206) 684-8467.

APPLICATION INSTRUCTIONS

1. For assistance with specific ECA regulations ques-

tions related to your application, you may schedule

a presubmittal conference with a land use planner,

which is recommended for applicants contemplat-

ing an ECA variance application. Please see SMC

23.76.038.

2. To start your application, login to the Project Portal

at www.seattle.gov/sdci.

Complete the preliminary application. Once

that is submitted, we will assign you a project

number.

Use the project number to request a preliminary

application site visit (fee required.) You will

receive a report from the site inspector.

Once you have completed the preliminary ap-

plication and the site visit, use the Project Portal

to schedule an intake appointment for your

application.

3. For proposals where proposed development in an

ECA area is more than 200 feet from the shoreline,

complete the attached ECA variance application

form. For proposals in a Shoreline District, use the

application form in Tip 209, Application Require-

ments for Shoreline Permits. You will need to up-

load the form to your Project Portal as part of your

application.

4. Prepare plans as indicated previously.

5. During the online application intake process, the

initial application fees will be collected along with

your completed application and plans.

NOTICE OF APPLICATION

SDCI will prepare a notice of the application in the depart-

ment’s Land Use Information Bulletin (LUIB) and will post

a land use sign on the development site. Additionally, all

residents and owners of properties within 300 feet of the

site will receive mailed notice of the application.

Publication in the LUIB, installing a land use sign and

sending the 300-foot mailed notice initiate a 14-day

comment period that may be extended for an additional

14 days if a written request is received prior to the end of

the initial 14-day comment period. For Shoreline Vari-

ance applications, there is only a single comment period

of 30 days. The LUIB is available online at http://web6.

seattle.gov/dpd/luib/Default.aspx.

ECA YARD OR SETBACK VARIANCE REVIEW

PROCESS AND APPEAL PROCEDURES

A land use planner will be assigned to the project to

complete review and analysis. The application may be

distributed to other City departments for their com-

ments. The request for an ECA variance application

will be evaluated in the context of the applicant’s written

analysis, proposed development, measures to protect

the environment, and measures to minimize and reduce

impacts on the surrounding development pattern and

zoning designation.

When an ECA exception application is controversial

and/or significant public interest in the application is

shown SDCI may coordinate meetings between the

applicant and interested parties during the application

review process to accept public comment and to allow

the applicant to hear neighborhood concerns and take

these into consideration during final project planning.

When a variance is authorized, conditions may be

attached regarding the location, character and other

features of a proposed development that may be

deemed necessary to carry out the spirit and purpose

of the ECA regulations.

These conditions may take the form of granting only a

partial variance (by allowing less than the requested

amount of variation) or granting less than the number of

specific variance components requested.

Once the analysis is completed, a decision will be

SDCI Tip #330—ECA Yard & Setback, Steep Slope and Wetland Buffer Variances page 4

LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance

with all code and rule requirements, whether or not described in this Tip.

Links to electronic versions of SDCI Tip, Direc-

tor's Rules, and the Seattle Municipal Code are

available on the "Tools & Resource" page of our

website at www.seattle.gov/sdci. Paper copies

of these documents are available from our Public

Resource Center, located on the 20th floor of Seat-

tle Municipal Tower at 700 Fifth Ave. in downtown

Seattle, (206) 684-8467.

Access to Information

made and published in the LUIB and the Daily Jour-

nal of Commerce. Notice of the decision will also be

sent to individuals who have indicated their interest in

receiving it.

The ECA Variance decision made by Seattle DCI may

be appealed to the City Hearing Examiner. The hear-

ing examiner’s decision is the final City decision. If

the ECA Variance is part of a Shoreline Variance, the

decision can be appealed to the Washington State

Shoreline Hearings Board. The appeal instructions are

included with the notice of decision.

OTHER HELPFUL DOCUMENTS

 Tip 103B, Environmentally Critical Area Site Plan

Requirements

 Tip 111, Construction and Development in Flood-

plains

 Tip 327a, Environmentally Critical Area Exemp-

tions, Relief from Prohibition on Development, and

Modifications to Submittal Requirements

 Tip 327b, Environmentally Critical Areas — Small

Project Waivers

 Tip 328, Environmentally Critical Areas Exceptions

 Tip 329, Environmentally Critical Areas Administra-

tive Conditional Use Permit

 Tip

331,

Environmentally Critical Areas —

Tree and

Vegetation Overview

 Tip 331A, Environmentally Critical Areas: Vegeta-

tion Restoration

 Tip 331B, Hazard Trees

Application Form for ECA Variances

T O B E C O M P L E T E D B Y A P P L I C A N T

A. Please describe the proposed project indicating square footage of structure, height (1, 2, 3 stories, etc) and

other specific details that communicate, with the plans, the nature of the proposed development on the subject

site and the features that require a variance.

Please provide a response to each of the five questions below. Use a separate sheet for your answers; please

number your answers to correspond to the questions listed below. You will need to address each criterion for

each variance being sought.

The lot for which the variance is requested must have been in existence as a legal building site prior to Oct. 31, 1992.

All applications must include the following. Please see SMC Section 25.09.280 for more detailed information.

B. You must submit a written analysis of the following facts and conditions as they apply to your request:

1. Because of the location of the subject property in or abutting an environmentally critical area or areas,

and the size and extent of any required environmentally critical areas buffer, the strict application of

the applicable yard or setback requirements of Title 23 would cause unnecessary hardship;

2. The requested variance does not go beyond the minimum to stay out of the full width of the riparian

management area or required buffer and to afford relief; and

3. The granting of the variance will not be injurious to the safety or to the property or improvements in

the zone or vicinity in which the property is located; and

4. The yard or setback reduction will not result in a development that is materially detrimental to the char-

acter, design and streetscape of the surrounding neighborhood, considering such factors as height,

bulk, scale, yards, pedestrian environment, and amount of vegetation remaining; and

5. The requested variance would be consistent with the spirit and purpose of the Environmentally Critical

Policies and Regulations.

If the remedies provided in these sections are insufficient, the applicant may be eligible for an ECA exception. Please

see SMC Section 25.09.300 and Tip 328, ECA Exception - Application Instructions and Submittal Requirements.

Seattle Department of Construction and Inspections

700 Fifth Ave., Suite 2000, P.O. Box 34019, Seattle, WA 98124-4019

T O B E C O M P L E T E D B Y A P P L I C A N T

NAME AND ADDRESS OF OWNER(S) OF THE PROPERTY

Name:

Address:

City/State/Zip Code:

Telephone:

NAME AND ADDRESS OF AGENT FOR OWNER(S)

Name:

Address:

City/State/Zip Code:

Telephone:

Applicant's Signature:

Date of Application:

T O B E C O M P L E T E D B Y D P D S T A F F

Application Number: Receipt #:

Land Use Planner: Fee:

Analyst: Land Use Map Page:

Zone:

Type of Critical Area(s):

Other Land Use Designations:

Approved: Denied: