9.23.130 Variances from requirements.
(a) If a severe and unexpected economic hardship would result from strict application of the requirements of this chapter, a person may request a variance.
(1) To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the permittee must consider and document with written findings of fact the following:
•The current (pre-project) use of the site, and
•How the application of the minimum requirement(s) found in this chapter restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements; and
•The possible remaining uses of the site if the exception were not granted; and
•The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and
•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 adoption of the minimum requirements; and
•The feasibility for the owner to alter the project to apply the minimum requirements.
(2) In addition any exception must meet the following criteria:
•The exception will not increase risk to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and
•The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements found in this chapter.
(b) Any substantial variance from the storm water management plan or concept plan shall be referred to all agencies that reviewed the original plan.
(c) If the city of Selah public works director, or his/her designated representative, denies a request for variance, the denial may be appealed in writing to the city council within ten days of notice of denial. The city council shall provide the aggrieved party with a hearing date and an opportunity to present argument in favor of the variance request. The city council will not accept additional supporting documentation if the information was not reasonably available at the time the request for variance was made and could have been submitted to the public works department. (Ord. 1799, § 1, 2010.)