§ 13.24.070  APPLICATION FOR DEVIATIONS FROM PROVISIONS.
   (A)   Filing request.  Any person desiring a modification of this chapter may file a request therefor in writing in the office of the Director of Public Works. Such request shall state the exact nature of the modification requested and the reason, or reasons, for such request. Such requests shall be considered by a committee composed of the Director of Public Works, City Planner and Chief of Police or their designees. Each such application shall be made upon a form prescribed by the committee.
   (B)   Notice of meeting.  Each applicant shall be given seven days' advance written notice of the time and place of the meeting of such committee.
   (C)   Conditions for granting. The committee may grant modifications of the requirements of this chapter provided it determines that the following conditions exist:
      (1)   That the modification requested arises from unusual physical conditions, or is necessary to permit the proper and otherwise lawful development or use of the applicant's property;
      (2)   That the granting of the modification requested will not be contrary to the public safety, conveniences and general welfare;
      (3)   That the granting of the modification will not adversely affect the rights of adjacent property owners;
      (4)   That the specific application of the above mentioned provisions would create unnecessary hardship in the development or use of the property.
   (D)   Notice of decision.  Within five days after the final decision of the committee on any application, written notice of the decision of the committee shall be mailed to the applicant at the address shown upon the application.
   (E)   Appeal authority.  The granting, either with or without conditions, or the denial of such applica-tion by the committee shall be final unless within ten days after the rendering of such decision the applicant shall appeal in writing to the City Council by presenting such appeal therefrom to the City Clerk. The City Council shall set a date for the hearing of such appeal and shall give seven days' advance notice in writing to the applicant of the time of such hearing.
   (F)   Fee for appeal.  Each such application filed in the office of the Director of Public Works shall be accompanied by an application fee in the amount of $75, no part of which shall be refundable. If an appeal is taken from a decision of the committee the written appeal shall be accompanied by an additional fee of $50, no part of which shall be refundable.
('86 Code, § 13.24.070) (Ord. 3128, passed  - - )