(A) The Board shall hear and decide applications for modifications to the design standards of § 16.08.020, cul- de-sacs. The following findings must be made by the Board before any waiver can be granted:
(1) That the strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the subdivider inconsistent with the general purpose and intent of Title 16;
(2) That there are exceptional circumstances or conditions applicable to the subject property or to its intended use or development which made the application of the cul-de-sac requirement unfair and oppressive to the subdivider;
(3) That the granting of a waiver of such cul-de-sac requirement would not be materially detrimental to the public health, safety and welfare, nor injurious to the property or improvements thereon in the immediate vicinity of the subject property to be subdivided; and
(4) That the granting of the waiver will not be contrary to the intent of Chapter 16 as set forth in § 16.32.010.
(B) Any practical difficulty, unnecessary hardship or exceptional circumstance or condition found by the Board to exist shall be set forth as part of the Board’s affirmative findings. The Board may condition the project so as to mitigate any safety concerns. This mitigation may include, but not be limited to, density reductions or requirements for fire sprinklers or burglar alarm systems for units on the proposed cul-de-sac.
(`78 Code, § 17.98.070.) (Ord. 2047 § 2 (part), 1991.)