Ordinance 665-80 - Laserfiche WebLink

1 writing to the City Clerk within twenty (20) working days from the date on which the City Engineer presents the applicant with his final decision 2 in writing. Such appeal shall be limited to the interpretation of the City Engineer in the application of the provisions of this Ordinance and any 3 amendments or additions hereto. 4 is hereby amended to read: 5 6 Section 7: Variance Procedure 7 A. Any applicant or department of the City may request a special exception to the Hearing Examiner from any provision of this 8 Ordinance. Such request by applicant shall be filed in writing with the City Engineer, there shall be a non-refundable fee of $50 paid 9 to the City Treasurer to cover the City's cost of handling the request for special exception, except that a department of the City 10 is exempt from the fee. The Hearing Examiner shall consider the proposed variance within thirty (30) days after the City Engineer 11 receives the request. 12 B. The Hearing Examiner is authorized to grant, in writing, variances from the regulations and requirements of this ordinance, providing 13 it is first determined that all of the following conditions are present: 14 (1) The applicant has completed the environmental review 15 process, under the provisions of the Washington State Environmental Policy Act (S.E.P.A.) and completed any 16 street or traffic related studies required by the review; 17 (2) The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the 18 City, and that not granting a special exception may aggravate the conditions; 19 (3) That the variance requested is not against the public 20 interest, particularly safety, convenience and general welfare; 21 (4) That the granting of the variance will not adversely affect 22 the adjacent property owners or tenants; 23 (5) That the terms of this ordinance will work unnecessary hardship on the applicant, property owner or tenant. Such 24 hardship shall not be self-imposed. 25 C. Any applicant or department of the City, aggrieved by a variance decision of the Hearing Examiner may request the City Council to 26 review. Such requests must be made in writing to the Hearing Examiner within thirty (30) days from the date of which the 27 Hearing Examiner presents the applicant with his final decision in writing. City Council shall consider the proposed variance within 28 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 29 City Treasurer, except that a department of the City is exempt from the fee. The fee shall be refunded in the event the City 30 Council finds in favor of the applicant. Such request shall be limited to the interpretation of the Hearing Examiner in the 31 application of the provisions of this ordinance and any amendments or additions hereto. 32 -5-