Chapter 16.40
Deviations

Sections:

16.40.010    Permitted when--Conditions.

16.40.020    Conditions of recommendation.

16.40.030    City council final authority.

16.40.010 Permitted when--Conditions.

In specific cases the hearing examiner may recommend, and the city council may approve, deviations from the provisions or requirements of this title that will not be contrary to the public interest; but only where, owing to special conditions pertaining to a specific subdivision, the literal interpretation and strict application of the provisions or requirements of this title would cause undue and unnecessary hardship. No such deviation from the provisions or requirements of this title shall be recommended by the hearing examiner unless the hearing examiner shall find that all of the following facts and conditions exist:

(1)    Exceptional or extraordinary circumstances or conditions applying to the subject subdivision or to the intended use of any portion thereof that do not apply generally to other properties in a similar subdivision or in the vicinity of the subject subdivision;

(2)    Such deviation is necessary for the preservation and enjoyment of the substantial property right or is necessary for the reasonable and acceptable development of the property;

(3)    The authorization of such deviation will not be materially detrimental to the public welfare or injurious to property in the vicinity in which the subdivision is located;

(4)    The authorization of such deviation will not adversely affect the comprehensive plan of the city;

(5)    Deviations with respect to those matters originally requiring the approval of public works superintendent and/or the city engineer shall be recommended by the hearing examiner only after considering the written recommendations of the public works superintendent and/or the city engineer, as the case may be. (Ord. 1367 §26, 1995: Ord. 979 §10.01, 1975).

16.40.020 Conditions of recommendation.

In recommending a deviation, the hearing examiner may recommend such conditions regarding the features of the deviation as the hearing examiner may deem necessary to carry out the spirit and purposes of this title and that are in the public interest. (Ord. 1367 §27, 1995: Ord. 979 §10.02, 1975).

16.40.030 City council final authority.

The city council shall be the final authority as to whether a recommended deviation shall be granted. (Ord. 979 §10.03, 1975).