Ordinance 793-81 - Laserfiche WebLink

• 1 it is first determined that all of the following conditions are present: 2 (1) The applicant has completed the environmental review 3 process, under the provisions of the Washington State Environmental Policy Act (S.E.P.A.) and completed any 4 street or traffic related studies required by the review; 5 (2) The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the 6 City, and that not granting a special exception may aggra- vate the conditions; 7 (3) That the variance requested is not against the public 8 interest, particularly safety, convenience and general welfare; 9 (4) That the granting of the variance will not adversely affect 10 the adjacent property owners or tenants; 11 (5) That the terms of this ordinance will work unnecessary hardship on the applicant, property owner or tenant. Such 12 hardship shall not be self-imposed. 13 C. Any applicant or department of the City, aggrieved by a variance decision of the Hearing Examiner may request the City Council to 14 review. Such requests must be made in writing to the Hearing Examiner within thirty (30) days from the date of which the 15 Hearing Examiner presents the applicant with his final decision in writing. City Council shall consider the proposed variance within 16 thirty (30) days after the Hearing Examiner receives the request. The appeal shall be accompanied by a fee of $50 to be paid to the 17 City Treasurer, except that a department of the City is exempt from the fee. The fee shall be refunded in the event the City 18 Council finds in favor of the applicant. Such request shall be limited to the interpretation of the Hearing Examiner in the 19 application of the provisions of this ordinance and any amendments or additions hereto. 20 D. In the absence of a Hearing Examiner who has jurisdiction to hear 21 these matters, City Council shall hear variances according to Section 7 A. and B. herein at no fee. 22 23 is hereby amended to read as follows: 24 Section 7: Variance Procedure 25 A. Any applicant or department of the City may request a special 26 exception to the Hearing Examiner from any provision of this ordinance. Such request by applicant shall be filed in writing with 27 the City Engineer and Secretary of the Hearing Examiner. Such requests must be made in writing to the City Engineer within thirty 28 (30) days from the date on which the City Engineer presents the applicant with his final decision in writing. There shall be a 29 non-refundable fee of $50 paid to the City Treasurer to cover the City's cost of handling the request for special exception, except 30 that a department of the City is exempt from the fee. The Hearing Examiner shall consider the proposed variance within 31 thirty (30) days after the City Engineer receives the request. 32 -5-