Chapter 16.28
MODIFICATION AND APPEALS

Sections:

16.28.010    Exemption in case of large scale development.

16.28.020    Variances.

16.28.030    Action of variances.

16.28.040    Appeals.

16.28.010 Exemption in case of large scale development.

The standards and requirements of this code may be modified by the city council, upon recommendation of the planning commission, in the case of a development plat approved as a planned development (PD) zone change or other creative design, under authority contained in the city of Entiat zoning code, provided the modifications are not detrimental to the public health, safety and welfare, and provided the council, upon recommendation of the planning commission, determines there are provisions for the circulation, light, air, recreation, public space, and service needs of the developed tract and its relation to adjacent areas, and for such covenants or other legal provisions as will assure conformity and achievement of the comprehensive plan. (Ord. 572 § 1, 2001)

16.28.020 Variances.

(1) When necessary, the council, upon recommendation of the planning commission, may authorize variances to requirements of this code. Application for a variance shall be made as a part of the application for preliminary plat approval, and shall state fully the grounds of the application and the facts relied upon by the petitioner. The planning commission and the council shall find that all of the following facts with respect thereto are met:

(a) That there are special circumstances or conditions affecting the property that are not common to all other properties in the area.

(b) That the variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by the other properties in the same vicinity and that extraordinary hardship would result from strict compliance with these regulations because of the special circumstances or conditions affecting the property.

(c) That the granting of a variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the vicinity of the property involved.

(d) That the necessity for the variance is not a result of the applicant’s own actions.

(2) When variances are sought concerning the administration of the requirements rather than restrictions on physical improvements or design, the petitioner shall apply for the variance in the above manner but is not required to meet the requirements as set forth above. The planning commission may recommend approval or denial of a variance only after a public hearing on the variance application has been held by them.

(3) Notification of the hearing shall be in the same manner as outlined in EMC 16.12.040(13), and the scope and continuance of the hearing shall be in accordance with EMC 16.12.040. Action by the commission on a variance application shall be in accordance with this section. (Ord. 572 § 1, 2001)

16.28.030 Action of variances.

In granting necessary variances, both the planning commission and council shall secure substantially the objectives of the regulations to which the variances are granted in order to preserve public health, safety, convenience, and general welfare. Conditions necessary for this purpose shall be specified in granting the variance, and both the planning commission and council shall make a written record of their findings and facts in connection therewith, and shall specifically and fully set forth the variance granted and the conditions designated. The administrator shall keep findings on file as a matter of public record. (Ord. 572 § 1, 2001)

16.28.040 Appeals.

Any decisions approving or disapproving any plat shall be reviewable for unlawful, arbitrary, capricious, or corrupt action or non-action by writ of review before the Superior Court of Chelan County. The action may be brought by any property owner who deems himself aggrieved thereby; provided, that the application for a writ of review shall be made to the court within 21 days from any decisions to be reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. (Ord. 572 § 1, 2001)