(A) (1) Any subdivider/developer desiring a variance from the requirements of this subchapter shall file a written application therefor with the Zoning Administrator at the same time that it files its preliminary plat sketch. The application shall fully explain the grounds for the variance request, and specify the section(s) of this subchapter, which if strictly applied, would cause great practical difficulties or hardship.
(2) The Zoning Administrator shall prepare an advisory report on every variance application and submit it, together with the completed application, to the Planning Commission.
(B) The Planning Commission shall review the variance application and the Zoning Administrator’s comments, and submit their advisory report to the governing body of this municipality. The Planning Commission’s advisory report shall be responsive to all variance standards set forth in this section.
(C) (1) At the same meeting that the governing body reviews the preliminary plat acceptance, the governing body of this municipality shall decide by resolution whether to grant or deny the requested subdivision variance application. A copy of its decision, clearly stating its reasons therefor and the exact terms of any variance granted or denied, shall be attached to both the preliminary and final plats.
(2) The governing body of this municipality shall not grant any subdivision variance request unless, based upon the information presented to it, it determines that:
(a) The proposed variance is consistent with the general purposes of this subchapter;
(b) Strict application of this subchapter and/or minimum design standards would result in great practical difficulties or hardship to the applicant, not a mere inconvenience or economic responsibility;
(c) The proposed variance is the minimum deviation from the requirements of this subchapter;
(d) The plight of the applicant is due to peculiar circumstances not of its own making; and
(e) The peculiar circumstances engendering the variance request are not known to be applicable to other tracts, and, therefor, that a variance would be a more appropriate remedy than an ordinance amendment.
(3) The variance, if granted, will not materially frustrate implementation of the comprehensive plan including the official map.
(1978 Code, § 16.36.020) (Ord. 96-11, passed - -1996)