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2 <br /> "The City Council is authorized to grant, in writing, variances <br /> from the regulations and requirements of this chapter, <br /> providing they first determine that the following conditions <br /> are present:" (emphasis added) <br /> A. The variance requested arises from peculiar physical <br /> conditions not ordinarily existing in similar districts in <br /> the city or is due to the nature of the business or <br /> operation upon the applicant's property; <br /> B. That the variance requested is not against the public <br /> interest, particularly safety, convenience and general <br /> welfare; <br /> C. That the granting of the permit for the variance will not <br /> adversely affect the rights of the adjacent property <br /> owners or tenants; <br /> D. That the terms of this chapter will work unnecessary <br /> hardship on the applicant, property owner or tenant. <br /> (Prior code § 13.36.110) - <br /> EMC 13.16.110 specifically uses the term "variance" and establishes review standards <br /> that differ from other variances within the City. A result of this review of EMC 13.16.110 <br /> is that the Hearing Examiner issues a recommendation, and the City Council reviews <br /> • the recommendation and issues a decision. This is confusing, but it is the law of the <br /> City. Only the City Council can grant the variance for any changes to the "driveway <br /> street standards" in the City of Everett. Whether this is good policy or not is not in the <br /> jurisdiction of the Hearing Examiner to determine. It is the law of the City, and it must <br /> be followed until changed. <br /> It is the recommendation of the Hearing Examiner that the City consider amending EMC <br /> 13.16.110 to use the criteria for variances as set forth in EMC 19.41.130.C(1-6), which <br /> are more-specific than the criteria of EMC 13.16.110, and which would adequately <br /> address whether the variance should be granted. Further, it would remove any <br /> ambiguity or confusion for the residents of the City by only having one variance <br /> ordinance. <br /> The City's motion is denied and the recommendation of July 16, 2014, remains. <br /> Done and dated this 22nd.day of August, 2014 <br /> (2460?-47 <br /> Jam . Driscoll <br /> Heal fig Examiner <br /> 4 <br />