16.10.160 Variances.
Applications for variances to the strict application of the terms of this chapter to a property may be submitted to the city. Minor variances, defined as up to and including 10 percent of the requirement, may be granted by the director as a Type II decision as defined by Chapter 14.03 ACC. Variance requests which exceed 10 percent may be granted by the hearing examiner as a Type III decision, pursuant to ACC 14.03.030 and Chapter 2.46 ACC. Approval of variances from the strict application of the critical area requirements shall conform to the following criteria:
A. There are unique physical conditions peculiar and inherent to the affected property which make it difficult or infeasible to strictly comply with the provisions of this section;
B. The variance is the minimum necessary to accommodate the building footprint and access;
C. The proposed variance would preserve the functions and values of the critical area, and/or the proposal does not create or increase a risk to the public health, safety and general welfare, or to public or private property;
D. The proposed variance would not adversely affect surrounding properties adjoining;
E. Adverse impacts to critical areas resulting from the proposal are minimized; and
F. The special circumstances or conditions affecting the property are not a result of the actions of the applicant or previous owner. (Ord. 6733 § 3 (Exh. B), 2019; Ord. 6442 § 14, 2012; Ord. 5894 § 1, 2005.)