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2017 Docket Enabling Ordinance January 2, 2018 <br />Ord. # 2018-001 <br />Page 86 <br /> <br />Exhibit H: Amendment 17-08 <br /> <br />Amendments to Road Variance Provisions of Title 12 <br /> <br />12.01.130 Variances (Departures from the Standards) and Appeals. <br />Variances from these Standards may be granted by the Road Variance Committee, comprised of the Public Works <br />Director, Community Development Services representative, Fire Marshal, or designees, and three citizens appointed <br />by the BOCC. <br /> <br />If the proposed road variance is located within a fire district, notice of the proposed variance shall be <br />provided to the applicable fire district a minimum of 14 days prior to the Road Variance Committee meeting <br />scheduled for consideration of the variance request. The fire district may submit comments on the road <br />variance request up until the committee has made a decision on the request. <br /> <br />The granting of a variance shall be in the public interest. When the need for a variance can be identified in advance, <br />the variance should be proposed at preliminary plat stage and be included for consideration during plan review and <br />public hearing. Variances from the standards in this title will be considered on a case-by-case basis. Variances will <br />be granted only upon evidence that the variance demonstrates the following: <br />A. Unusual circumstances or conditions apply to the property and/or the intended use that do <br />not apply generally to other property in the same vicinity or district; and <br />B. Such variance is necessary for the preservation and enjoyment of a substantial property right <br />of the developer possessed by the owners of other properties in the same vicinity or district; <br />and <br />C. The authorization of such variance will not be materially detrimental to the public welfare or <br />injurious to property in the vicinity or district in which the property is located; and <br />D. Special conditions and circumstances do not result from the actions of the developer; and <br />E. The granting of such variance will not adversely affect the realization of the Kittitas County <br />Comprehensive Plan, Long-Range Transportation Plan or this title. <br />The variance request(s) shall consist of: <br />A. Variance fee. <br />B. Variance application. <br />C. Identification of the standard provision to be waived or varied. <br />D. Identification of the alternative design or construction standards to be adhered to. <br />E. A thorough justification of the variance request. <br />Requests may be prepared by the developer, professional civil engineer licensed to practice in Washington, or <br />professional land surveyor licensed to practice in Washington. To appeal the denial or imposition of conditions of a <br />variance decision, an appeal shall be filed per KCC 15A.07 or KCC 15A.08, based on the underlying land use <br />decision in accordance with Ch. 36.70B RCW. (Ord. 2015-010, 2015) <br />12.01.130 Variances (Departures from the Standards) and Appeals. <br />Variances from these Standards may be granted by the Road Variance Committee, comprised of the Public Works <br />Director, Community Development Services representative, Fire Marshal, or designees, and three citizens appointed <br />by the BOCC. <br />