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

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www.seattle.gov/sdci
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:

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