What is the legal process for obtaining a variance from local land use regulations?

The legal process for obtaining a variance from local land use regulations in Washington can vary from jurisdiction to jurisdiction. Generally, however, the process involves the filing of an application with the local government in which the land use regulations are in place. The application should include documents detailing why the requested variance is necessary and how it meets local standards for land use regulations. Furthermore, applicants are typically required to notify the public of the request for a variance through publication of a notice in a local newspaper or other media outlets. Once the application is filed, the local government will usually conduct a public hearing to consider the request for the variance. During the hearing, the applicants and any other interested parties will be able to provide information and opinions to the government as to why the variance should or should not be granted. After the hearing is completed, the local government will then render a decision and provide the applicants with a written notice of the outcome. If the variance is granted, the applicants may still need to receive any additional permits or authorizations from the local government in order to pursue the project. Additionally, the variance may be approved with certain conditions and restrictions. It is important to remember that the issuance of a variance is entirely discretionary. As such, applicants should always work with the local government to reach an agreement that is reasonable and beneficial to both parties.

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