The developer, or the property owner, may request deviations from any of the development standards of the hillside overlay ordinance to the planning director. Deviations may be granted only as listed herein:
A. Minor Deviations: The planning director shall notify the public of the request for minor deviation in accordance with subsection A6 of this section. After public notice and comment on the deviation request, the city planning director will review and decide on the proposed deviations. This decision may be appealed to the planning commission for approval or denial. Minor deviations may only be granted if all of the following circumstances are found to exist:
1. The deviation will result in equal or greater protection of the resources protected under this chapter;
2. The deviation is the minimum necessary to alleviate the difficulty;
3. The deviation does not conflict with Idaho Code, the city of Coeur d'Alene comprehensive plan and zoning ordinance and, in the case of the Fernan Lake planning area, the Fernan watershed management plan.
4. The requested modification was not specifically appealed during the public hearing process; and
5. The requested modification will not cause adverse physical impacts on adjacent properties.
Deviations typical of this category include:
a. Reduction of portion or all of the requirements for geotechnical study, grading plan, tree survey, etc., if the work is minor in nature or if adequate information already exists to determine the impact of the development.
b. Modification of dimensional requirements for driveway lengths, curb and sidewalk requirements, architectural features.
c. The use of seedlings (rather than 4 foot – 8 foot tall B&B trees) for tree replacements on steep slopes where there are shallow soils.
d. Deviation from the maximum cut and fill slopes and fill slope inclination all as defined in subsection 17.08.920E of this chapter.
6. Prior to granting or denying a minor deviation request, notice and opportunity to be heard shall be provided to property owners adjoining the parcel under consideration. The city shall cause notice to be mailed to adjoining property owners no less than seven (7) calendar days before application review. The applicant shall provide an accurate mailing list and shall be responsible for all costs of public notice.
B. Substantial Deviations: Substantial deviations may be granted by the Planning Commission to the conditions and limitations of the hillside development regulations, after public notice and hearing. This decision may be appealed to the City Council as provided by subsection 17.09.125B of this title. Substantial deviations may only be granted if all of the following circumstances are found to exist:
1. The deviation is the minimum necessary to alleviate the difficulty;
2. The deviation will result in equal or greater protection of the resources protected under this article;
3. The requested modification was not specifically appealed during the public hearing process;
4. The requested modification will not cause adverse physical impacts on adjacent properties; and
5. The deviation does not conflict with Idaho Code, the city of Coeur d'Alene comprehensive plan and zoning ordinance and, in the case of the Fernan Lake planning area, the Fernan watershed management plan.
C. Planned Unit Developments: Modifications to the development standards of this article approved through the planned unit development process (section 17.07.205 et seq., of this title) shall not be subject to the foregoing review and hearing process for deviations.
Public notice for substantial deviations shall be pursuant to section 67-6509 Idaho Code, and shall include mailed notice to abutting property owners not less than fifteen (15) days before the public hearing. The applicant shall provide an accurate mailing list and shall be responsible for all costs of public notice. (Ord. 3674 §12, 2021: Ord. 3207 §3, 2005: Ord. 3127, 2003: Ord. 3091 §11, 2003)