Olivia council denies variance for 1103 West Evergreen Avenue as moot after zoning change

The Olivia City Council on Tuesday approved Resolution 13 formally denying a variance request for 1103 West Evergreen Avenue after staff said a recent change to the city’s minimum lot size ordinance made the requested variance unnecessary.

Pam, speaking for city staff, said the city received a variance application on Sept. 30 and that the planning commission had taken up the request. Council members had previously extended the statutory review window; Pam told the council that “the actual statute says there has to be action taken on the variance application once it's been submitted unless the property owners have completely withdrawn it.” She said the denial is procedural and that the property owners can proceed with a minor subdivision administratively because the city’s minimum lot sizes were changed in Ordinance 20264, adopted Jan. 5.

Counsel and staff explained the change means the variance is now moot for the proposed use. Councilmember Eber moved to approve Resolution 13 and Councilmember Howard seconded; the motion carried by voice vote. Council asked staff to document that the action was not a denial of the owners’ request on its merits but a procedural denial because the ordinance change removed the need for a variance.

The council’s vote records the denial for the administrative record; staff told the council the property owners are now working with the planning and zoning department to complete a minor subdivision and that administrative approval is expected to follow the procedures the staff outlined.