13.48.226 Exceptions procedure.
A. Requests for deviation from the minimum requirements of ACC 13.48.225 may be made according to this section. A deviation may be requested to allow a modification, reduction or waiver of a requirement or to permit an alternative requirement. Any such request must be made in writing. Requests for a deviation must include the following information:
1. The current (pre-project) use of the site;
2. How application of the minimum requirement(s) restricts the proposed uses of the site compared to the restrictions that existed prior to the adoption of the minimum requirements;
3. The possible remaining uses of the site if the deviation were not granted;
4. The uses of the site that would have been allowed prior to the adoption of the minimum requirements;
5. A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to the adoption of the minimum requirements; and
6. The feasibility for the owner to alter the project to apply the minimum requirements.
The city engineer shall approve or deny such requests in writing and shall only approve a deviation to the extent it is necessary. An applicant is not entitled to a deviation, whether or not criteria for approval of a deviation are met. The city engineer may require the applicant to submit a Washington State licensed engineer’s report or analysis with a request for a deviation. As a condition of approving a deviation, the city engineer may impose new or additional requirements to offset or mitigate harm that may be caused by approving the deviation.
B. Equally Protective Deviations. The city engineer may approve a request for a deviation if determined that it is likely to be equally protective of public health, safety and welfare, the environment, and public and private property as the requirement from which a deviation is sought.
C. Other Deviations. The city engineer also may approve a request for a deviation where the criteria in subsection B of this section are not met or the city engineer cannot determine whether the criteria are met, if it is determined at their sole discretion that substantial reasons exist for approving the requested deviation and:
1. The deviation will not increase risk to the public health and welfare;
2. Will not be injurious to other properties in the vicinity and/or downstream;
3. Will not degrade the quality of waters of the state; and
4. The deviation is the least possible that could be granted to comply with the intent of the minimum requirements.
D. The approval of a deviation shall not be construed to be an approval of any violation of any other provisions of this chapter or approval of any violation of any other ordinance of the city nor approval of any violation of any other valid law of any governmental entity having jurisdiction. The approval of plans, specifications, and calculations for deviation shall not prevent the city engineer from thereafter requiring the correction of errors in such plans, specifications, or other data, or from preventing operations being carried out when in violation of this chapter, or any other ordinance of the city.
E. The following public notice requirements apply whenever a request for an exception to the minimum requirements contained in ACC 13.48.225 (request) is received by the city:
1. Public notice (notice) shall be made to inform the public about the contents of the request and the city engineer’s decision to grant or deny it. Notice of the request and the decision to grant or deny the request may be combined.
2. The notice shall be published, at the requester’s cost, in the city’s newspaper of record and a local newspaper of general circulation within Auburn.
3. The notice shall include: (a) a brief description of the request; (b) a brief description of the city engineer’s decision to grant the request and reasons supporting the decision, or a statement that the request is denied; (c) where the request can be reviewed; and (d) the name and contact information of a city employee who can answer questions regarding the request.
4. The city shall provide a hard copy of the city engineer’s decision to grant or deny a request to the requester. The city engineer’s decision to approve or deny a request shall include a reference to the procedures in city of Auburn engineering design standards for contesting such a decision. (Ord. 6283 § 7, 2009.)