Chapter 17.18
MODIFICATIONS OF STANDARDS AND SPECIFICATIONS

Sections:

17.18.005    Purpose.

17.18.010    Formal subdivisions.

17.18.020    Short subdivisions.

17.18.030    Findings of fact.

17.18.040    Conditions.

17.18.005 Purpose.

This chapter details methods of modifying standards or specifications of either a formal subdivision or a short subdivision and the findings of fact that must be made to approve such modification. (Ord. 6239 § 1, 2009.)

17.18.010 Formal subdivisions.

A. The hearing examiner may approve a modification of any standard or specification established or referenced by Chapter 17.14 ACC or established or referenced in the city’s design standards or construction standards, upon making the findings of fact in ACC 17.18.030; provided, that the hearing examiner shall obtain the concurrence of the city engineer for any requests to modify any city of Auburn design or construction standard.

B. The request for modification shall be processed simultaneously with the preliminary plat and the applicant shall submit the modification on forms provided by the department. (Ord. 6239 § 1, 2009; Ord. 6186 § 15, 2008; Ord. 4296 § 2, 1988.)

17.18.020 Short subdivisions.

A. The planning director may approve a modification of any standard or specification established or referenced by Chapter 17.09 ACC or established or referenced in the city’s design standards or construction standards, upon making the findings of fact in ACC 17.18.030; provided, that the planning director shall obtain the concurrence of the city engineer for any requests to modify any city of Auburn design or construction standard.

B. The applicant shall submit the modification on forms provided by the department. (Ord. 6239 § 1, 2009; Ord. 6186 § 16, 2008; Ord. 4296 § 2, 1988.)

17.18.030 Findings of fact.

A. Such modification is necessary because of special circumstances related to the size, shape, topography, location or surroundings of the subject property, to provide the owner with development rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located;

B. That, because of such special circumstances, the development of the property in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of the property;

C. That the modification, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the property is located;

D. Such modification will not be materially detrimental to the implementation of the policies and objectives of the comprehensive land use, transportation and utility comprehensive plans of the city;

E. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district;

F. The approval of the modification will be consistent with the purpose of this title;

G. The modification cannot lessen the requirements of the zoning ordinance. Any such modification must be processed as a variance pursuant to ACC 18.70.010. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)

17.18.040 Conditions.

In authorization of a modification, the hearing examiner or planning director may attach thereto such conditions regarding the location, character and other features of the proposed modification as he or she may deem necessary to carry out the spirit and purpose of this title and in the public interest. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988.)