17.06.100 Deviations.
(A) The City Engineer may approve deviations from the specific terms of this chapter which would not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship for the applicant; and provided, that the spirit of this chapter is observed, the public safety and welfare secured and substantial justice done for the applicants.
(B) An application for a deviation may only be granted upon a finding that all of the following conditions have been met:
(1) That the granting of the deviation will not adversely affect the rights of adjacent landowners;
(2) That the strict application of the provisions of this chapter would constitute unnecessary hardship upon the landowner represented in the application. That the deviation desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare;
(3) That granting the deviation will comply with the general spirit and intent of this chapter;
(4) That it has been determined the granting of a deviation will not result in extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local, federal, or State laws. Upon consideration of the factors listed above and the purposes of this chapter, the City may attach such conditions to the granting of deviations as it deems necessary to further the purpose of this chapter; and
(5) Granting the deviation will comply with the minimum requirements of the MARC BMP Manual and the EPA Clean Water Act.
(C) In considering deviation applications, the City Engineer has the discretion of using any or all of the following project evaluations when, in the judgment of the City Engineer, these evaluations are relevant and appropriate. No individual evaluation and/or combination of evaluations are necessarily required for an application to be approved, and the City Engineer may weigh these evaluations in light of all the following considerations in determining whether or not to approve an application:
(1) Any increase in danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility to damage from factors such as flooding, stream bank erosion and channel migration and the effect of such damage on the individual owner;
(3) The availability of alternative locations for the proposed development;
(4) The compatibility of the proposed development with the City’s comprehensive plan;
(5) The deviation is the minimum necessary to afford relief;
(6) Any decrease in the average width of the stream corridor set aside;
(7) Any increase to bank instability or bank erosion and the resulting effects on other properties;
(8) The extent to which the proposed development retains the natural terrain within the stream corridor while avoiding such activities such as filling, grading and constructing retaining walls;
(9) The extent to which the proposed development provides protection from negative impacts to water quality, base flow potential through infiltration, runoff velocity, temporary storage area for flood waters and sediment retention capability which is compatible with the intent of this chapter; and
(10) The extent to which the proposed development provides aesthetic enhancement, preservation of habitat for plants and animals, recreational opportunities, educational value and effective screening from adjoining land uses which are compatible with the intent of this chapter.
(D) Denial of an application for deviation may be appealed to the City Manager within ten (10) calendar days of the date of notice of such denial. The City Manager’s decision is a final decision of the City. (Ord. 22-52 § 9, 2022; Ord. 09-25 § 2, 2009.)