16.08.210 Application for modification.
A. Any subdivider may make application for a variation or modification where it appears there exist extraordinary conditions, such as topography, access, location, shape, size, drainage, or other physical features of the site or other adjacent development. Such application shall accompany the proposed short plat and shall include any and all details the developer deems necessary to support his application properly, and shall outline the provisions from which the modification is sought.
B. All modifications shall be heard by the hearing examiner.
C. Such application shall be filed with the city engineer together with the appropriate fee.
D. If the hearing examiner finds unusual hardship or extraordinary difficulties, the minimum requirements of this chapter may be modified to mitigate the hardship; provided, that the public use and interest is protected and the development is in keeping with the general spirit and intent of these regulations, and the modification is not in violation of Chapter 58.17 RCW. No such modification may be granted if it would have the effect of nullifying the intent and purpose of the zoning ordinance, the comprehensive plan, or this chapter.
Prior to the adoption of 6382 on 09/28/2005, Section 16.08.210 read as follows.
A. Any subdivider may make application for a variation or modification where it appears there exist extraordinary conditions, such as topography, access, location, shape, size, drainage, or other physical features of the site or other adjacent development. Such application shall accompany the proposed short plat and shall include any and all details the developer deems necessary to support his application properly, and shall outline the provisions from which the modification is sought.
B. All modifications shall be heard by the Aberdeen city council at a public hearing.
C. Such application shall be filed with the city engineer no later than ten days prior to the Aberdeen city council's public meeting together with the appropriate fee.
D. If the Aberdeen city council finds unusual hardship or extraordinary difficulties, the minimum requirements of this chapter may be modified to mitigate the hardship; provided, that the public use and interest is protected and the development is in keeping with the general spirit and intent of these regulations, and the modification is not in violation of RCW 58.17. No such modification may be granted if it would have the effect of nullifying the intent and purpose of the zoning ordinance, the comprehensive plan, or this chapter. (Prior code § 11.04.210)
Prior to the adoption of 6382 on 09/28/2005, Section 16.08.210 read as follows.
A. Any subdivider may make application for a variation or modification where it appears there exist extraordinary conditions, such as topography, access, location, shape, size, drainage, or other physical features of the site or other adjacent development. Such application shall accompany the proposed short plat and shall include any and all details the developer deems necessary to support his application properly, and shall outline the provisions from which the modification is sought.
B. All modifications shall be heard by the Aberdeen city council at a public hearing.
C. Such application shall be filed with the city engineer no later than ten days prior to the Aberdeen city council's public meeting.
D. If the Aberdeen city council finds unusual hardship or extraordinary difficulties, the minimum requirements of this chapter may be modified to mitigate the hardship; provided, that the public use and interest is protected and the development is in keeping with the general spirit and intent of these regulations, and the modification is not in violation of RCW 58.17. No such modification may be granted if it would have the effect of nullifying the intent and purpose of the zoning ordinance, the comprehensive plan, or this chapter. (Prior code § 11.04.210)