Ordinance 2718-03 - Laserfiche WebLink

4. In order to provide flexibility in meeting the requirements of this section on each lot in cluster subdivision or cluster short subdivisions, the applicant may propose and the director may approve a reduction of up to fifty percent of the required yard area if an alternative is provided. Alternatives for private rear yard may include, but are not limited to, the following: A. Additional developed common recreation or playground area; and B. Private or public park or trail systems. (Ord. 2328-98 § 7(F)(20), 1998) Section 39: Section 8.A of Ordinance No. 2328-98, as amended by Ordinance No. 2536- 01 (EMC 18.32.010), which reads as follows: Variance requirements. A. Variance for New Lots Created. All variances for new lots created under this title shall be processed as provided for in Title 15 of this code, Local Project Review Procedures. B. Variance from Lot Requirements Only. Applications for variances authorized by this title are limited to variances as provided for in the Everett Zoning Code and lot requirements for the following sections of this title: divisions of land for nonconforming existing structures; lot requirements; open space areas; and tax segregated lots. Variances are not permitted from other sections of this title. C. Variance Criteria. In order for the director or hearing examiner to grant a variance, he/she must find that all of the following conditions have been met: 1. There are exceptional circumstances or conditions such as location of existing structures, lot configuration, topographic or unique physical features that apply to the subject property which prohibit the applicant from meeting the standards of this title; 2. The authorization of the variance will not be detrimental to the public welfare or injurious to the property in the vicinity or zone in which the property is located; and 3. A hardship would be incurred by the applicant if required to comply with the strict application of the section or sections identified in this title or the Everett Zoning Code. (Ord. 2536-01 § 26, 2001: Ord. 2328-98 § 8(A), 1998) and is hereby amended to read as follows: Variances. Applications for variances under this title shall be limited to the following: a) Lot depth for lots when the originating parcel meets the lot frontage and lot width standards of the Zoning Code. However, variances that would allow any lot to be less than 70 feet shall not be granted; and,b) Lot area, dimensional, and setback requirements as set forth in chapter 18.28.070. Lot yield shall not be considered as a basis for evaluation of variance applications. The applicable criteria for both types of variances are