Chapter 16.32
VARIATIONS AND EXCEPTIONS
Sections:
16.32.020 Criteria for approval.
16.32.030 Variations in lot size of previously platted lots.
16.32.010 Purpose.
The hearing examiner may grant special exceptions to the provisions of this title as it considers necessary to maintain its intent and purpose, when exceptional circumstances relating to the property require relief from strict adherence to the requirements, and when necessary to allow the owner to make reasonable use of his or her property. (Ord. 959 § 5, 2018; Ord. 693 § 1, 1994)
16.32.020 Criteria for approval.
No special exception shall be granted by the hearing examiner unless he or she finds that:
A. The exception will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is located;
B. The exception is necessary because of exceptional circumstances relating to the narrowness, shallowness or shape of a specific piece of property, or because of exceptional topographic conditions or other extraordinary situation or condition of the land;
C. The granting of the exception will not be materially detrimental to the public health, safety and welfare, substantially offensive to the rights of other persons living in or near the area involved or injurious to the property or improvements in the vicinity and zone in which the subject property is located. (Ord. 693 § 1, 1994)
16.32.030 Variations in lot size of previously platted lots.
A. In those situations where a lot has been previously platted, the property owner may make application for a short plat to further divide the lot; provided, that, the average size of all neighboring Clyde Hill lots developed with residential structures within 300 feet of the boundaries of the subject lot are equal to or less than the size of each of the two proposed lots.
B. In those situations involving previously platted lots where each of the proposed lots would contain an area of at least 95 percent of the average size of the Clyde Hill neighboring lots developed with residential structures, the applicant must demonstrate that conditions exist which would allow the grant of an exception from the requirements of this title, under CHMC 16.32.020.
C. This variation must be applied for as part of the short subdivision approval process, notwithstanding the lot size requirements of CHMC Title 17. Nothing in this section shall exempt any application for a variation in lot size of a previously platted lot from the applicable requirements of Chapter 16.12 CHMC. (Ord. 695 § 15, 1994; Ord. 693 § 1, 1994)