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Ord-2021-010
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2021-08-17 2:00 PM - 2:00pm Public Hearing
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Ord-2021-010
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Last modified
12/23/2021 3:02:01 PM
Creation date
10/25/2021 11:29:47 AM
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Meeting
Date
8/17/2021
Meeting title
2:00pm Public Hearing
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
d
Item
Public Hearing to Approve Amending Kittitas County Code Chapter 14.08- Flood Damage Prevention.
Order
4
Placement
2:00pm Public Hearing
Row ID
79853
Type
Ordinance
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i, 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 />k. The costs of providing governmental services during and after flood conditions, including <br />maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and <br />water systems, and streets and bridges. <br />5. Generally, the only condition under which a variance from the elevation standard may be issued <br />is for new construction and substantial improvements to be erected on a lot one-half acre or <br />less in size contiguous to and surrounded by lots with existing structures constructed below the <br />base flood elevation provided subsections (4)(a) through (k) of this section have been fully <br />considered. As the lot size increases, the technicaljustification required for issuing the variance <br />i ncreases. <br />6. Upon consideration of the factors of subsection (4) of this section and the purposes of this <br />chapter, the Hearings Examiner may attach such conditions to the granting of a variance as it <br />deems necessary to further the purposes of this chapter. <br />7. The Floodplain Administrator shall maintain the records of all appeal actions and report any <br />variances to the Federal lnsurance Administration upon request. <br />B. After the county has rendered an order either granting or denying a flood control zone permit, <br />said order may be appealed to the Pollution Control Hearings Board pursuant to state law. <br />Ad-20'!_+-O'15,2014;Ord.2007-22,2007; Ord.2001-03; Ord.93-18 S 4.8, 1993) <br />1 4.08.1 70 Conditions for variances. <br />1. Variances may be issued forthe reconstruction, rehabilitation, or restoration of historic <br />structures upon a determination that the proposed repair or rehabilitation will not preclude the <br />structure's continued designation as a historic structure and the variance is the minimum <br />necessary to preserve the historic character and design of the structure. <br />2. Variances shall not be issued within any designated floodway if any increase in flood levels <br />during the base flood discharge would result. Variance requests in the designated floodway <br />shall be accompanied by a professional engineering analysis of the resultant base flood <br />discharge. <br />3. Variances shall only be issued upon a determination that the variance is the minimum necessary, <br />considering the flood hazard, to afford relief and upon: <br />a. A determination that failure to grant the variance would result in exceptional hardship to <br />the applicant; and <br />b. A determination that the granting of a variance will not result in increased flood heights, <br />additional threats to public safety, extraordinary public expense, create a nuisance, cause <br />fraud or victimization of the public, or conflict with existing local laws or ordinances. <br />c. A showing of good and sufficient cause. <br />d. A showing that the use cannot perform its intended purpose unless it is located or carried <br />out in close proximityto water. This includes onlyfacilities defined in Section 14.08.020 of <br />this ordinance in the definition of "Functionally Dependent Use." <br />4. Variances as interpreted in the National Flood lnsurance Program are based on the general <br />zoning law principle that they pertain to a physical piece of property; they are not personal in <br />nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. <br />They primarily address small lots in densely populated residential neighborhoods. As such, <br />variances from the flood elevation requirements should be quite rare.
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