§ 18.32.270. Variance.

A.

Any subdivider may make application to the hearing examiner for a variance from the development standards where it appears there exist extraordinary conditions such as topography, access, location, shape, size, drainage or other physical features of the site or other adjacent development. Such application shall accompany the proposed division.

B.

Hearing Examiner Action. The hearing examiner shall consider the proposed division and the variance simultaneously at a public hearing. If the hearing examiner finds unusual hardship or extraordinary difficulties, the minimum requirements of this chapter may be modified to mitigate the hardship; provided, that the public use and interest is protected, the granting of the variance will not confer a special privilege to subject property that is denied other lands in the same district, the development is in keeping with the general spirit and intent of these regulations, and the variance would not have the effect of nullifying the intent and purpose of the Zoning Ordinance, the Comprehensive Plan, or this title and the extraordinary conditions do not result from the actions of the applicant.

(Ord. 11398 § 10 (part), 1997: Ord. 8023 § 27, 1985)