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(Ord. 2014-015. 2014; Ord. 2001-03; Ord. 93-18 § 4.7, 1993) <br />Article IV. Variance Procedure <br />The variance criteria set forth in this section of the ordinance are based on the general principle of <br />zoning law that variances pertain to a piece of property and are not personal in nature. A variance <br />may be granted for a parcel of property with physical characteristics so unusual that complying with <br />the requirements of this ordinance would create an exceptional hardship to the applicant or the <br />surrounding property owners. The characteristics must be unique to the property and not be shared <br />by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its <br />inhabitants, or the property owner. <br />It is the duty of the Kittitas County Hearings Examiner to help protect its citizens from flooding. This <br />need is so compelling and the implications of the cost of insuring a structure built below the Base <br />Flood Elevation are so serious that variances from the flood elevation or from other requirements in <br />the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and <br />damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in <br />this ordinance are more detailed and contain multiple provisions that must be met before a variance <br />can be properly granted. The criteria are designed to screen out those situations in which alternatives <br />other than a variance are more appropriate. <br />14.08.160 Appeal board. <br />1. The Kittitas County Hearings Examiner as established by the county shall hear and decide <br />appeals and requests for variances from the requirements of this chapter. <br />2. The Hearings Examiner shall hear and decide appeals when it is alleged there is an error in any <br />requirement, decision, or determination made by the county in the enforcement or <br />administration of this chapter. <br />3. Those aggrieved by the decision of the Hearings Examiner or any taxpayer may appeal such <br />decision to the Kittitas County superior court as provided by law. <br />4. In passing upon such applications, the Hearings Examiner shall consider all technical <br />evaluations, all relevant factors, standards specified in other sections of this chapter, and the <br />following: <br />a. The danger that materials may be swept onto other lands to the injury of others; <br />b. The danger to life and property due to flooding or erosion damage; <br />c. The susceptibility of the proposed facility and its contents to flood damage and the effect <br />of such damage on the individual owner; <br />d. The importance of the services provided by the proposed facility to the community; <br />e. The necessity to the facility of a waterfront location, where applicable; <br />f. The availability of alternative locations for the proposed use which are not subject to <br />flooding or erosion damage; <br />g. The compatibility of the proposed use with existing and anticipated development; <br />h. The relationship of the proposed use to the comprehensive plan and floodplain <br />management program for the area; <br />i. The safety of access to the property in times of flood for ordinary and emergency vehicles; <br />j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood <br />waters and the effects of wave action, if applicable, expected at the site; and <br />