Chapter 17.26
MODIFICATIONS

Sections:

17.26.010    Procedure.

17.26.010 Procedure.

A subdivider may request modification of any provision of this code, as it affects his proposed subdivision, where application of such provision would cause undue hardship by reason of any preexisting adverse characteristic of the property, such as topography, soil conditions, and other natural features. Such request shall include details deemed by the subdivider essential to support his case and shall be filed concurrently with the proposed plat.

A.    The hearing authority, in its hearing on the proposed plat, shall include discussion of the requested modification and notice of the hearing shall include information on the requested modification.

B.    The hearing authority shall obtain, from the administrator, a report and recommendations on the requested modifications. In order to give due consideration to the request for modification, the hearing authority may postpone its decision on the proposed plat by not more than thirty days. The hearing authority shall make its findings of fact and recommendations to the council and the council shall make its decision with respect to the request for modification based on the hearing authority’s recommendation.

C.    No modification shall be approved unless the subdivider can demonstrate satisfactorily that:

1.    There are extraordinary circumstances or conditions applying to the subdivision property which do not apply generally to other properties in the vicinity. These include, but are not limited to, size, shape, topography, soil conditions, location and surroundings;

2.    Approval of the request for modification is necessary to the preservation and enjoyment of substantial property rights of the applicant;

3.    Approval of the request for modification will not affect adversely the health, safety, or general welfare of persons residing or working in the neighborhood of the subdivision property and will not be detrimental to property in the neighborhood nor adversely affect the comprehensive plan;

4.    If the council denies the request for modification, the subdivider may appeal to the courts in accordance with MMC 21.60.030 and the Land Use Petition Act, Chapter 36.70C RCW. Until the courts have rendered a decision in such a case, further consideration of the proposed plat shall be held in abeyance. (Ord. 022/2004 § 20; Ord. 1203, 2000; Ord. 1061, 1995)