Chapter 16.32
VARIANCES

Sections:

16.32.010    Modifications or variations.

16.32.010 Modifications or variations.

The following procedure shall govern for modifying or varying the regulations herein contained: Any subdivider can make application to the planning commission in which a request is contained for a variation or modification of any provisions herein contained due to preexisting, topographic or other physical conditions characteristic of the land the preliminary plat, subdivision or dedication includes. Such application shall include any and all details, as the subdivider deems necessary, to support his application properly and also shall include a request for modification or variation of the provisions herein contained. The planning commission shall make a decision on each such request for a modification or variation, provided the commission ascertains all of the facts regarding the request, which shall include a complete engineering statement prepared by the city engineer in reference to the request if requested by the city planning commission; provided, that the application and request are received concurrently with the preliminary plat, subdivision or dedication; and provided, further, that the hearing held thereon shall be open to the public and notice of such hearing included with the notice prescribed in DMC 16.12.200. The planning commission, therefore, shall postpone the time of approval of the preliminary plat, subdivision or dedication by not less than 15 days, nor more than 30 days. The planning commission shall advise the subdivider of the decision of the planning commission, and the commission shall not take further action on the approval of the preliminary plat, subdivision or dedication until the subdivider requests further action in accordance with the provisions of the commission’s final decision on the subdivider’s request for a variation or modification of the regulation herein contained. (Ord. 505 § 8, 1979).