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final, subject to appeal to the review authority making the decision on the variance. Such <br /> a review by the review authority will be provided when a written request is made by the <br /> applicant within ten days of the date of the decision of the planning department. <br /> 5. Denial of a Variance. The decision of the review authority denying a variance shall <br /> become effective as of the date set forth in the review authority's written order. No person <br /> shall be permitted to make application for the same variance on the same site within one <br /> year following the effective date of the review authority's written order denying the <br /> variance. <br /> 6. Appeal Period. The action of the review authority in granting or denying a variance <br /> shall be final unless the following action occurs for the respective review process used in <br /> deciding upon the variance: <br /> a. Review Process III.B. Appeal procedures for variances granted using Review Process <br /> III.B shall be as established by the hearing examiner ordinance. <br /> b. Review Process IV. Within thirty calendar days from the effective date of the board of <br /> adjustment's written order, an aggrieved person or persons obtain a writ of certiorari from <br /> the Superior Court of Washington for Snohomish County, for purpose of review of the <br /> action taken. <br /> 7. Stay of Proceedings. If a request for a variance is made in an effort to remedy a <br /> violation of this title for which enforcement action has been commenced, the variance <br /> request stays all proceedings on the enforcement action until the variance has been acted <br /> upon. If, in the opinion of the mayor, a stay of proceedings would cause imminent peril to <br /> life or property, the mayor may continue enforcement action and such enforcement action <br /> may not be stayed except by a restraining order issued by Superior Court. If a variance <br /> request has been filed, enforcement shall be taken only to the extent that there shall no <br /> longer be imminent peril to life or property. <br /> BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: <br /> Variances. <br /> A. User Guide. This section establishes a mechanism whereby the provisions of this title <br /> can be varied on a case-by-case basis if the application of such provisions would result in <br /> an unreasonable and unusual hardship. The criteria of this section shall be met in order to <br /> approve a variance. Certain standards of this title may also be varied, under limited <br /> circumstances, in accordance with the provisions of the City's binding site plan <br /> ordinance. <br /> B. Review Authority. The City will decide upon an application for a variance using the <br /> appropriate review process as set forth in the City's Local Project Review Procedures <br /> Ordinance. <br /> C. Criteria for Granting a Variance. The City may grant a variance only if it finds that: <br /> 1. The variance will not be materially detrimental to the property in the area of the <br /> subject property or to the City as a whole; and <br /> 2. The variance is necessary because of exceptional or extraordinary circumstances <br /> regarding the size, shape, topography or location of the subject property; or the location <br /> of a preexisting improvement on the subject property that conformed to the zoning code <br /> in effect when the improvement was constructed; and <br /> 17 <br />