§ 14.28.110. Variance procedure—Appeal board.

All variances from the requirements of this chapter and appeals, when it is alleged there is an error in any requirement, decision or determination made by the administrator, shall be considered by the hearing examiner.

(a)

Processing Procedure. The following procedure shall be used when a variance and/or appeal is received:

(1)

Applications must be filed in the office of the city clerk.

(2)

The administrator shall establish the date and time for consideration of the matter by the hearing examiner and notify the applicant.

(3)

The hearing examiner shall conduct at least one public meeting into the matter and may conduct additional meetings at his or her discretion. The applicant shall appear in person, by agent, or attorney.

(4)

At the conclusion of the meeting(s), the hearing examiner shall render a written decision to approve, approve with conditions, or deny the request based on the factors outlined in this section and Section 14.28.120.

(5)

The decision of the hearing examiner shall be rendered within ninety (90) days of the receipt of the application by the city, unless the applicant consents to an extension of time. The decision of the hearing examiner is the final city decision on the matter.

(b)

The hearing examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

The necessity to the facility of a waterfront location, where applicable;

(6)

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7)

The compatibility of the proposed use with existing and anticipated development;

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and effects of wave action, if applicable, expected at the site; and

(11)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(c)

Generally, the only condition under which a variance may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1) through (11) of subsection (b) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(d)

Upon consideration of the factors of subsection (b) of this section and the purposes of this chapter, the hearing examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(e)

The administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

(f)

Those aggrieved by the decision of the hearing examiner, or any taxpayer, may appeal such decision to the superior court, as provided in the Revised Code of Washington.

(Ord. 2399 §§ 9-10, 2003; Ord. 1119 § 1 (part), 1987; Ord. 907 § 3.4-1, 1983)

(Ord. 2631, § 1, 10-12-09)