Requests to waive or modify the Architectural and Design Standards or appeal staff comments will be heard by the Development Review Committee. No waiver or modification shall be granted unless one or more of the following circumstances exist:
1. Superior Alternatives. Where the development will provide an alternative which will achieve the purposes of the Architectural and Design Standards through clearly superior design, efficiency, or performance.
2. Protection of Significant Features. Where the waiver or modification is necessary to preserve or enhance significant existing environmental or cultural features
3. Deprivation of Reasonable Use. Where the strict application of the Architectural and Design Standards would effectively deprive the owner of all reasonable use of the land, due to its unusual size, shape, topography, natural conditions or location; provided:
(a) Such effect upon the owner is not outweighed by a valid public purpose in imposing the Architectural and Design Standards in this case, and
(b) The unusual conditions involved are not personal to, nor the result of actions of the developer or property owner, their predecessors or agents.
4. Technical Impracticality. Where strict application of the Architectural and Design Standards would be technically impractical in terms of engineering, design, or construction practices, due to the unusual size, shape, topography, natural conditions or location of the land or due to improved efficiency, performance, safety, or construction practices which will be realized; provided:
(a) The development will provide an alternative adequate to achieve the purposes of the requirement; and
(b) Any unusual conditions creating the impracticality are not personal to, nor the result of the actions of the developer or property owner, their predecessors or agents.
5. No Relationship to the Development or Its Impacts. Where all or any part of the Architectural and Design Standards has no relationship to the development or to the impact of the development on the public facilities, land use, traffic, or environment of the neighborhood and the general community, due to the location, scale, or type of development involved.
(Ord. 2019-002, passed 4-11-19)
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