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• <br /> 3. For subdivision and short subdivisions, a request for a <br /> variation of 10% or less shall be considered by the <br /> Planning Director. The application shall be submitted <br /> with the subdivision or short subdivision application. <br /> 4. All variations to new lots created under this Subdivision <br /> Code relating to Sections 5.C.2. and 5.C.14. shall be <br /> heard by the Planning Director or Hearing Examiner per <br /> Section 6.A.2. and 6.A.3. The Hearing Examiner shall <br /> hear requests for variations made pursuant to Section 6.B. <br /> 5. In order for the Planning Director or Hearing Examiner to <br /> grant a variation, he must find that all of the following <br /> conditions have been met. <br /> a. There are exceptional circumstances or conditions <br /> such as: location of existing structures, lot <br /> configuration, topographic or unique physical <br /> features that apply to the subject property which <br /> prohibit the applicant from meeting the standards <br /> of this Ordinance. <br /> b. The authorization of the variation will not be <br /> detrimental to the public welfare or injurious to <br /> the property in the vicinity or zone in which the <br /> property is located; and <br /> c. A hardship would be incurred by the applicant if <br /> required to comply with the strict application of <br /> the sections or sections identified in Section <br /> 6.A.1 . herein. <br /> 6. The filing of an application with the City requesting a <br /> variation shall stay the running of the time period for <br /> preliminary subdivision and short subdivisions approval <br /> as is set forth in Sections 2 and 4 of this Ordinance. <br /> Section 7: Section 6 (F) of Ordinance 1119-85 (E.M.C. 18-40.030) , <br /> which reads as follows: <br /> F. Effect of Non-Compliance <br /> No building permit or other development permit shall be issued <br /> for any lot or parcel of land divided in violation of Chapter <br /> 58. 17 R.C.W. or this Ordinance. All purchases or transfers of <br /> property shall comply with the provisions of chapter 58.17 <br /> R.C.W. and this Ordinance, and each purchaser or transferee may <br /> recover his damages from any person, firm, corporation or agent <br /> selling or transferring land in violation of Chapter 58. 17 <br /> R.C.W. or this Ordinance, including any amount reasonably spent <br /> as a result of an inability to obtain any development permit <br /> and spent to conform to the requirements of Chapter 58. 17 <br /> R.C.W. and this Ordinance as well as the cost of investigation, <br /> suit and reasonable attorney's fees. A purchaser or transferee <br /> may, as an alternative to conforming the property to these <br /> requirements, rescind the sale or transfer and recover the cost <br /> of investigation, suit and reasonable attorney's fees. <br /> -10- <br />