Procedures for Requesting Variances from the King County Road Standards

2.1 To establish procedures for applicants to submit alternative road designs (variances) that meet the service levels used to define the road standard.

3.1 Developers

3.2 King County Roads and Engineering Division, Department of Public Works

3.3 King County Building and Land Development Division, Department of Parks, Planning.and Natural Resources

4.1 King County Road Standards

4.2 King County Code 14.42

4.3 King County Code 2.98.010

5.1 "King County Road Standards" means the most recently adopted version of King County's road design criteria, adopted for the following purposes:

5.1.1 To set forth specific, consistent road design elements for developers and other private parties constructing or modifying road right-of-way facilities which require County licenses or permits.

5.1.2 To establish uniform criteria to guide the County's own construction of new County roads or reconstruction of existing roads.

5.2 "Standards" means King County Road Standards

5.3 "Variance" means a proposed departure from the standards.

5.4 "Engineer" means County Road Engineer.

5.5 "BALD" means King County Building and Land Development Division.

6.1 The King County Road Standards as codified in King County Code 14.42 are intended to encourage standardization of road design elements and assure, as far as practical, that motoring, bicycling, pedestrian and equestrian traffic safety needs are met.

6.2 The Standards cannot provide for all situations, and some exceptions may be justified - for which a procedure has been established for requesting variances to the Standards.

6.3 APPLICATIONS FOR VARIANCES.

6.3.1 Applications for proposed variances shall be written and include a specific description of the proposed alternative along with any documentation. Documentation may include, but not be limited to, a record of successful use by other agencies, or evidence of meeting criteria for quality such as AASHTO and ASTM standards.

6.3.2 The applicant shall indicate those sections of the Road Standards which are relevant to the proposed alternative.

6.3.3 Variance requests not associated with a development proposal subject to review by Building and Land Development Division (BALD) shall be directed to the County Road Engineer, Department of Public Works, 900 King County Administration Building, Seattle, Washington 98104.

6.3.4 Variance requests associated with a development proposal subject to review by BALD shall be directed to BALD, on forms prescribed by the County Road Engineer and BALD, at 3600 136th Place Southeast, Bellevue, Washington, 98006-1400, and shall be accompanied by the standard King County variance fee.

6.4 CRITERIA FOR GRANTING VARIANCES.

6.4.1 Variances from the Road Standards may be granted by the County Road Engineer, hereafter referred to as the "Engineer", if the following conditions are met:

6.4.1.1 The variance produces a compensating or comparable result which is in the public interest.

6.4.1.2 The variance meets requirements for safety, function, fire protection, appearance. and maintainability.

6.4.2 Any variance from the Road Standards which does not meet the Uniform Fire Code will require concurrence by the King County Fire Marshal, through BALD.

6.5 REVIEW OF VARIANCE REQUESTS.

6.5.1 Variance requests associated with a development are submitted to BALD on the prescribed forms.

6.5.2 BALD staff shall receive and review requests, note any recommendations, and forward them to the Engineer.

6.5.3 Upon receipt of a variance request, the Engineer shall arrange for timely review by County staff and other affected agencies.

6.5.4 The Engineer shall respond, indicating approval or disapproval, within thirty (30) days of receiving the variance proposal, except as follows:

6.5.4.1 If additional information must be sought from the applicant, a final response from the Engineer may be delayed. When the complete variance proposal has been received by the Engineer, the thirty-day review period shall begin.

6.5.5 In cases where the proposed variance requires extensive review by the Engineer's staff, the Engineer may, upon notifying the applicant prior to the expiration date of the thirty-day review period, extend the review period for another thirty days. The total review time shall not exceed sixty days.

6.6 ENGINEER'S RESPONSE TO VARIANCE REQUESTS.

6.6.1 The Engineer shall notify the proposing firm, agency or individual by letter or by standard form approving or disapproving the proposed variance. The letter shall contain one of the following responses:

6.6.1.1 Approval as fully acceptable alternative to the present standards, or approval with conditions.

6.6.1.2 Disapproval, with reasons.

6.6.2 Variance proposals disapproved by the Engineer may be resubmitted with modifications as a new proposal, or the applicant may appeal the decision of the Engineer.

6.7 APPEAL PROCEDURE.

6.7.1 The applicant may appeal the Engineer's decision by submitting the original variance proposal, the Engineer's written decision, reasons for appealing, and additional supporting justification to the Director of Public Works within 30 days of the issuance of the Engineer's decision.

6.7.2 The Director of Public Works shall respond in writing within ten (10) working days. The Director may either concur with the Engineer's decision, approve the proposed variance as originally submitted, or approve it with special conditions.

6.7.3 In cases where the proposed variance requires extensive staff review, the Director may extend the review period for another ten days, maximum.

6.7.4 The Director's decision shall be final.

Action By: Applicant Action:

7.1 Submits request for variance(s) not associated with a development proposal subject to review by BALD to the County Road Engineer, 900 King County Administration Building, Seattle, WA 98104.

7.1.1 Includes a written proposal together with a specific description of the proposed alternative and documentation which may include, but not be limited to, a record of successful use by other agencies or evidence of meeting criteria for quality, such as AASHTO and ASTM standards.

7.1.2 Indicates those sections of the standards which are relevant to the proposed alternative.

7.2 Submits request for variances associated with a development proposal to BALD, 3600-136th Place Southeast, Bellevue, WA 98006-1400, on prescribed forms available from BALD.

Action By: County Road Engineer

Action:

7.3 Receives variance request(s) and arranges for timely review by County staff and other affected agencies.

7.4 Responds, indicating approval or disapproval, within thirty (30) days of receiving the variance proposal.

7.5 Requests additional information, if needed, from the applicant and informs the applicant that the thirty-day review period shall begin when the complete variance proposal has been received by the Engineer.

7.6 Notifies the applicant prior to the expiration of the thirty-day review period, in cases where the proposed variance requires extensive review by the Engineer's staff, and extends the review period for another thirty days, maximum.

7.7 Notifies the applicant by letter of the disposition of the proposed variance, stating approval as a fully acceptable alternative to the Standards or disapproval, with reasons.

Action By: Applicant Action:

7.8 May submit disapproved variance proposals with modifications as a new proposal, or the applicant may appeal the decision of the Engineer.

7.9 May appeal the Engineer's decision by submitting the original variance proposal, the Engineer's written decision, reasons for appealing, and additional supporting justification to the Director of the Department of Public Works within thirty (30) days of the issuance of the Engineer's decision.

Action By: Director of the Department of Public Works

Action:

7.10 Shall respond in writing within ten (10) working days either concurring with the Engineer's decision, approving the variance as submitted or approving it with special conditions.

7.11 Makes the final decision, without appeal.

8.1 Applicant is responsible for:

8.1.1 Submitting required forms and documentation to appropriate County office.

8.1.2 Responding to Engineer's request for any additional information deemed necessary after preliminary review of variance request(s).

8.1.3 Following established procedures to request an appeal to disapproved variance(s).

8.2 County Road Engineer is responsible for:

8.2.1 Receiving variance requests and arranging for timely review by Roads Division staff.

8.2.2 Responding, by letter and/or BALD form, to applicant's request, with approval or reasons for disapproval, within thirty days of receipt of variance request.

8.2.3 Requesting additional information from the applicant, prior to the expiration of the thirty-day period, in the event the variance request requires more extensive review and extending the review period for another thirty days, maximum.

8.3 The Director of the Department of Public Works is responsible for:

8.3.1 Reviewing appeals to the Director for variance submittals disapproved by the Engineer, making the final decision on the appealed variances and responding by letter to the applicant.

8.4 Building and Land Development Division is responsible for:

8.4.1 Receiving and reviewing variance requests and making recommendations to the Engineer.

8.4.2 Collecting standard fees for variances associated with a development.

8.4.3 Obtaining King County Fire Marshal concurrence as necessary.

8.4.4 Transmitting variance requests to the Engineer for processing

None.