Ordinance 793-81 - Laserfiche WebLink

• . • I 1 B. The Hearing Examiner is authorized to grant, in writing, variances 2 from the regulations and requirements of this ordinance, providing it is first determined that all of the following conditions are 3 present: 4 (1) The applicant has completed the environmental review process, under the provisions of the Washington State Environmental Policy Act (S.E.P.A.) and completed any 5 street or traffic related studies required by the review; 6 (2) The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the 7 City, and that not granting a special exception may aggra- vate the conditions; 8 9 (3) That the variance requested is not against the public interest, particularly safety, convenience and general welfare; 10 (4) That the granting of the variance will not adversely affect 11 the adjacent property owners or tenants; 12 (5) That the terms of this ordinance will work unnecessary hardship on the applicant, property owner or tenant. Such 13 hardship shall not be self-imposed. 14 C. Any applicant or department of the City aggrieved by a variance decision of the Hearing Examiner may appeal to the City Council 15 pursuant to Section 20 of the Land Use Hearing Examiner Ordinance (Ordinance No. 692-80) and the rules of procedure 16 adopted pursuant thereto. 17 D. In the absence of a Hearing Examiner who has jurisdiction to hear these matters, City Council shall hear variances according to 18 Section 7. A. and B. herein at no fee. 19 Section 3: That Section 8 of Ordinance No. 665-80 (amending Ordinance No. 20 555-78), which reads as follows: 21 22 Section 8: Appeal Procedure 23 A. Any applicant, aggrieved by a decision or interpretation of the City Engineer may appeal to the Hearing Examiner. Such appeals must 24 be made in writing to the City Engineer within thirty (30) days from the date on which the City Engineer presents the applicant 25 with his final decision in writing. The Hearing Examiner shall consider the appeal within thirty (30) days after the City Engineer 26 receives the appeal, provided, the applicant has completed the environmental review, under the provisions of the Washington State 27 Environmental Policy Act (S.E.P.A.) and completed any street or traffic related studies required by the review. Such appeal shall be 28 limited to the interpretation of the City Engineer in the applica- tion of the provisions of this ordinance and any amendments or 29 additions hereto. 30 B. Any applicant or department of the City, aggrieved by the decision of the Hearing Examiner may appeal to the City Council. Such 31 appeals must be made in writing to the Hearing Examiner within thirty (30) days from the date on which the Hearing Examiner 32 -6-