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12.01.130 Variances (Departures from the Standards) and Appeals. <br />Variances from these Standards may be granted by the Road-VaxianceCounty Engineer The variance <br />will be heard by the County Engineer and he/she shall render a decision in writing to the applicant <br />The applicant may appeal the County Enoineer's decision to the Public Works Director. The Director <br />will provide a written appeal decision to the applicant. The applicant may then appeal the <br />administrative decision of the Director to the Hearings Examiner pursuant to KCC 15A 07,015. <br />CQ4 rattee, ea pp ices <br />represeaYative, In Fe Pla ssha ,�, �,...�-�;t;a;;,�,po�4ed•ky�e-BOEF <br />If the proposed road variance is located within afire 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 <br />being issued by the County Engineer Ee.m ttee M etitxf S&Elk.,edo4 the <br />variance request: The Sue- distriHunayiubrnit�reason-the road variance request up a ui the <br />.tee has made -a- deasrenonHherequesc <br />The granting of a variance shall be in the public interest. When the need for a variance can be <br />identified in advance, the variance should be proposed at preliminary plat stage and be included for <br />consideration during plan review and public hearing. Variances from the standards in this title will be <br />considered on a case-by-case basis. Variances will be granted only upon evidence that the variance <br />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; 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 <br />Washington, or professional land surveyor licensed to practice in Washington. To appeal the denial <br />or imposition of conditions of a variance decision, an appeal shall be filed per KCC 15A.07 or KCC <br />15A.08 based on the underlying land use decision in accordance with Ch. 36.708 RCW. (Ord. 2018- <br />001, 2018; Ord. 2015-010, 2015) <br />