Chapter 18.48
VARIANCES AND AMENDMENTS

Sections:

18.48.010    Variances.

18.48.015    Appeals.

18.48.020    Amendments.

18.48.010 Variances.

A. A modification of the terms of this title may be granted by the hearing examiner when:

1. a. Because of unusual shape, exceptional topographic conditions, geological problems, environmental constraints or other extraordinary situation or condition in connection with a specific piece of property, the literal enforcement of this title would involve difficulties or result in an undesirable plat; or

b. The granting of the variance results in better lot design than previously existed. Better lot design is defined as meaning such items as larger in area, more practical site design because of topography, wetland or other environmental constraints, or the lot design will result in lots nearer to conformance to required standards; and

2. The granting of any variance will not be unduly detrimental to the public welfare nor injurious to the property or improvements in the vicinity and subarea in which the subject property is located.

B. Applicants seeking a variance shall detail their proposal and explain how the proposal meets the variance criteria. A nonrefundable filing fee in an amount determined by city council shall accompany the variance application.

An approved variance shall be valid for the same period of time as the associated subdivision, short plat, lot line adjustment or binding site plan. [Ord. 2004-09-065; Ord. 2002-10-069 § 40; Ord. 10833 § 1, 1997; Ord. 9550 § 25, 1986; Ord. 9390 § 8, 1984; Code 1980 at § 18.44.020].

18.48.015 Appeals.

Any applicant for a short subdivision or lot line adjustment aggrieved by any decision made by the planning director in the administration of this title may appeal the decision to the hearing examiner following the procedures in Chapter 21.10 BMC. The hearing examiner shall determine after an advertised public hearing that said decision was made pursuant to the purpose and intent of this chapter and that any discretionary power exercised is reasonably attributable to the impact generated by the subject short subdivision. [Ord. 2004-09-065; Ord. 2002-10-069 § 40; Ord. 10833 § 1, 1997; Ord. 10719 § 49, 1996; Ord. 9550 § 26, 1986; Ord. 9390 § 8, 1984].

18.48.020 Amendments.

The city council shall be the sole authority to adopt, amend or repeal any or all parts of the subdivision regulations and ordinances. [Ord. 10833 § 1, 1997; Code 1980 at § 18.44.020].