Chapter 17.62 PLAT VARIANCE

Chapter 17.62
PLAT VARIANCE

Sections:

17.62.030 Plat variance approval criteria.

17.62.010 Plat variance purpose.

Plat variances shall allow for departure from the strict application of the design requirements and dimensional requirements for plat design and layout as may be applied in the various zoning districts as well as the design requirements section of this code. (Ord. 2737 § 2 (Att. A), 2009)

17.62.020 Plat variance application.

Plat variances shall only be submitted when accompanied by a boundary line adjustment, short plat, preliminary plat, general binding site plan or specific binding site plan application. The nature of the plat variance shall be described in a text note on the face of the drawing and shall be graphically depicted thereon. Plat variances shall not be required for the design or dimensional changes and allowances as may be approved under a PUD. (Ord. 2737 § 2 (Att. A), 2009)

17.62.030 Plat variance approval criteria.

In granting an approval for a variance from plat requirements, the review authority must find that the criteria in subsection A or B of this section apply:

A. Criteria for variance to alleviate unnecessary hardship:

1. That the proposed plat is clearly in an area or of a type that contains extraordinary conditions of existing development pattern, topography, access, location, shape, size, drainage or other unusual circumstances such that strict compliance with specified requirements of this title would create an extraordinary hardship for the property owner;

2. That the variance would not confer a special benefit upon persons or property that would not be equally available to all persons or property under the same circumstances;

3. That the hardship to the property owner outweighs the public benefit to be derived from strict compliance with the specified plat requirements;

4. That granting of the variance will not be unduly detrimental to the public welfare or injurious to the property or improvements in the vicinity.

B. Criteria for variance to achieve better design:

1. The variance will allow for enhanced neighborhood compatibility and an enhanced plat design which is more practical given the constraints of topography, critical areas, or subject property shape or size, and which is consistent with the goals and policies of the comprehensive plan;

2. That the variance would not confer a special benefit upon persons or property that would not be equally available to all persons or property under the same circumstances;

3. That the benefit of the enhanced design to the property owner and the community outweighs the public benefit to be derived from strict compliance with the specified plat requirements;

4. That granting of the variance will not be unduly detrimental to the public welfare or injurious to the property or improvements in the vicinity. (Ord. 2737 § 2 (Att. A), 2009)