§ 17.230.150. Site plan review; modifications.

A.

Where the planning commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve modifications to these regulations so that substantial justice may be done and the public interest secured, provided that such modification shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the planning commission shall not approve modifications unless it shall make findings based upon the evidence presented to it in each specific case that:

1.

The granting of the modification will not be detrimental to the public safety, health, or welfare or injurious to other property;

2.

The conditions upon which the request for a modification is based are unique to the property for which the modification is sought and are not applicable generally to other property;

3.

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out.

B.

In approving modifications, the planning commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.

C.

A petition for any such modification shall be submitted in writing. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner and be accompanied by a plat or plan showing the proposed modification.

D.

The design review committee shall review the proposed modification and report its findings to the planning commission.

E.

The planning commission shall act upon the application in regular meeting, shall enter its action into its records and shall notify the applicant in writing.

(Res. of 11-25-91; Code 1991, § 17.230.150; Res. of 2-27-03(1), § 1)