Chapter 17.28
MODIFICATIONS, VARIANCES AND APPEALS

Sections:

17.28.010 Modification for planned development.

17.28.020 Variances.

17.28.030 Appeals.

17.28.010 Modification for planned development.

The standards and requirements of this title may be modified by the board upon recommendation of the hearing examiner in the case of any development plant approved as a planned development; provided, that such modifications shall not be detrimental to the public health, safety and welfare, and conditioned upon the board’s finding pursuant to recommendations of the hearing examiner that adequate provision has been or will be made for circulation of light and air, recreation, public space, and service needs within the development and areas adjacent thereto, and for such covenants and other legal provisions as will assure conformance with and achievement of the comprehensive plan. (Res. CE 93-034 (part); prior code § 16.24.010)

17.28.020 Variances.

A.  The county hearing examiner may authorize and grant variance to any requirement of this title upon finding that:

1.   There exist special circumstances or conditions not common to all properties in the vicinity which affect the property for which the variance is sought;

2.   The variance is necessary to preservation and enjoyment of substantial property rights enjoyed by other properties in the same vicinity, and that extraordinary hardship will result from such circumstances or conditions if strict compliance to the provisions of this title is required;

3.   The variance will not be detrimental to the public health, safety or welfare, or injurious to other properties in the vicinity.

B.  In the case of a variance to administration of any requirement of this title not modifying such requirement or affecting actual physical improvements or design, the provisions of subsection A of this section shall not be conditions of granting such variance.

C.  Application for any variance shall be made by a petition of the subdivider to the hearing examiner, who shall state the grounds of such application and all facts relied upon by the petitioner.

D.  No variance shall be granted unless the hearing examiner holds a public hearing thereon in a manner in accordance with Section 17.16.080.

E.  If variance is granted:

1.   Such variance shall substantially secure the objectives of the regulations to which the variance is granted in such manner as to protect the public health, safety and welfare.

2.   Every condition necessary to such purposes shall be specified in the terms of the variance.

3.   The hearing examiner shall record in writing its findings and the facts upon which such findings are based, and fully set forth the variance granted and conditions designated therein. The record shall be kept on file by the county hearing examiner as a matter of public record. (Res. CE 93-034 (part); prior code § 16.24.020)

17.28.030 Appeals.

A.  Any decision approving or disapproving any plat shall be reviewable for unlawful, arbitrary, capricious or corrupt action or nonaction by writ of review before the superior court.

B.  Such action may be brought by any owner of property situated within the county who deems himself aggrieved thereby; provided, that application for such writ of review shall be made to the court within thirty days after the decision to be reviewed.

C.  The cost of transcript of all records ordered certified by the court for such review shall be borne by the applicant. (Prior code § 16.24.030)