Chapter 17.28
DEVIATION FROM REQUIREMENTS
Sections:
17.28.030 Application procedure.
17.28.040 Procedure for approval.
17.28.050 Conditions for granting.
17.28.060 Imposition of conditions.
17.28.010 Purpose.
Any applicant may seek a deviation from the provisions listed in TMC Chapters 17.12 and 17.16 where it appears that there exists extraordinary conditions of topography, access, location, shape, size, drainage or other physical features of the site or other adjacent development.
(Ord. 1308, Added, 10/15/1991)
17.28.020 Applicability.
A deviation from any requirements of TMC Chapters 17.12 and 17.16 may be requested. Deviations from other provisions of this title may not be applied for or granted; provided, that the directors of the public works and community development departments may approve a deviation from the requirements of TMC Chapters 17.12 and 17.16 without a variance, if said deviation is justified on the basis of topography or other special or unique conditions attending the development site.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)
17.28.030 Application procedure.
Any development which includes a request for one or more variances to the requirements of TMC Chapters 17.12 and 17.16 shall be accompanied by a statement setting forth in detail any such variance and the reasons therefor. The community development department shall not process any application not meeting the requirements of TMC Chapters 17.12 and 17.16 unless a variance has been concurrently requested.
(Ord. O2011-002, Amended, 03/01/2011; Ord. 1308, Added, 10/15/1991)
17.28.040 Procedure for approval.
The hearing examiner shall consider a variance request concurrently with the land division or plan to which it applies in accordance with the provisions of TMC Title 14. The hearing examiner shall act on all requested modifications prior to acting upon the plat or short plat to which they apply. The hearing examiner shall detail his/her findings with respect to requested variances. At no time shall the hearing examiner’s action on a variance be finalized unless accompanied by the hearing examiner’s action on the land division or plan, or short plat, or vice versa.
(Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Amended, 10/15/1991; Ord. 1063, Amended, 03/18/1986; Ord. 1016, Added, 10/02/1984)
17.28.050 Conditions for granting.
The sole purpose of any variance shall be to prevent discrimination. No variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity under similar circumstances. To grant a variance, the hearing examiner shall determine whether the following conditions apply to the requested variances:
A. There are exceptional or extraordinary circumstances or conditions which apply to the land referred to in the application which do not apply generally to lands in the vicinity. These include, but are not limited to, size, shape, topography, location or surroundings.
B. The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner.
C. The granting of the application will not, under the circumstances of the particular case, affect adversely the health or safety of persons residing or working in the neighborhood of the property referred to in the application and will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood or adversely affect the comprehensive plan.
(Ord. 1308, Added, 10/15/1991)
17.28.060 Imposition of conditions.
As a part of approving any variance, the staff may propose and/or the hearing examiner may impose appropriate conditions and safeguards.
(Ord. 1308, Added, 10/15/1991)
17.28.070 Written record.
A written record of the hearing examiner’s findings shall be made and they shall be a matter of public record.
(Ord. 1308, Added, 10/15/1991)