A. Purpose. The purpose of the minor deviation is to provide a mechanism for administrative review to allow some limited flexibility with regards to specific development standards through design solutions where specific findings can be made. Minor deviations do not apply to the use of property.
B. Applicability. Minor deviations may be granted by the approving authority for new construction and modifications to existing single-family residential structures as follows:
1. Maximum five percent (5%) of required building setback.
2. Maximum ten percent (10%) of required building height.
C. Approving Authority. The Community Development Director is the designated approving authority for minor deviations. The Community Development Director approves, conditionally approves, or denies the minor deviation in accordance with the requirements of this title.
D. Application Contents. The application for a minor deviation shall be on a form prepared as prescribed by the Community Development Director.
E. Approval Findings. The approving authority may approve an minor deviations when he or she finds as follows:
1. The deviation(s) improve the site, architectural, and/or overall project design;
2. The deviation(s) are materially consistent with the project and are compatible with surrounding uses and structures; and
3. The proposed structure complies with all applicable building and fire codes.
F. Public Hearing/Notice. The city shall provide notice and a public hearing for consideration of the approval or modification of an application for a minor deviation in accordance with Section 17.10.050 (Public Hearing and Public Notice).
G. Procedures.
1. Notice of the decision. The decision of the approving authority shall be provided to the applicant within ten (10) working days of the decision.
2. Notification to Planning Commission. After approving an application for a minor deviation, the approving authority shall advise the Planning Commission of his or her decision at their next regular meeting.
H. Appeals. Appeal of the Community Development Director action on the request for a minor deviation shall be made to the Planning Commission in accordance with the procedures specified in Section 17.10.070 (Appeals).
I. Expiration. All approved minor deviation are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)