(A) Exceptions. The Mayor and Council may authorize exceptions to any of the requirements and regulations set forth in this chapter.
(B) Application for exception. An application for an exception shall be made by a verified petition of the applicant, stating fully the grounds of the application and the facts relied upon by the petitioner. The petition shall be filed with the site development permit application. In order for the land referred to in the petition to come within the provisions of this section, it shall be necessary that the Mayor and Council find all of the following facts with respect thereto:
(1) The land is of such a shape or size, is affected by the physical conditions or is subject to such title limitations of record that it is impossible or impractical for the subdivider or property owner to comply with all of the regulations of this chapter;
(2) The exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and
(3) The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
(C) Referral of proposed exception. Each proposed exception shall be referred to the City Engineer and the Director of Public Works and they shall transmit to the Mayor and Council their recommendations, which recommendations shall be reviewed prior to the granting of any exception.
(D) Appeals. After review thereon, the Mayor and Council, by resolution, may approve the site development permit application with the exceptions and conditions he, she or it deems necessary, may disapprove the site development permit application and exception application or may take such other action as is appropriate.
(2000 Code, § 15.44.130)