17.10.080 Waivers – Variances.
(a) The Director of Utilities or designee may grant a waiver for any of the following:
(1) Those projects or activities serving a public need where no feasible alternative is available.
(2) The repair and maintenance of public improvements where avoidance and minimization of adverse impacts to wetlands and associated aquatic ecosystems have been addressed.
(3) Those developments which have had buffers applied in conformance with previously issued requirements.
(4) Those developments that are redeveloping parcel(s) that are predominately impervious to maintain that impervious area.
(b) Variances for development may be granted if deemed appropriate by the Director of Utilities or designee. Subject to Planning and Development Director approval, additional density elsewhere on the site may be allowed to counterbalance the loss of developable land due to the requirements of this chapter.
(c) The applicant shall submit a written request for a waiver or variance to the Director of Utilities or designee. The application shall include specific reasons justifying the variance and any other information necessary to evaluate the proposed variance request. The Director of Utilities may require an alternatives analysis that clearly demonstrates that no other feasible alternatives exist and that minimal impact will occur as a result of the project or development. At a minimum, a variance or waiver request shall include the following information:
(1) A site map that includes locations of all streams, wetlands, and other natural features, as determined by field survey;
(2) A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
(3) A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, and the limits of all existing and proposed land disturbance, both inside and outside the buffer area. The exact area of the buffer to be affected shall be accurately and clearly indicated;
(4) Documentation of unusual hardship should the buffer be maintained;
(5) At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;
(6) A calculation of the total area and length of the proposed intrusion; and
(7) Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed.
(d) In granting a request for a waiver or variance, the Director of Utilities may require site design, landscape planting, fencing, the placement of signs, and the establishment of water quality best management practices in order to reduce adverse impacts on water quality, streams, wetlands, and floodplains. (Ord. 20262 § 21, 10-6-20.)