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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 Variance Committee County <br />Engineer. The variance will be heard by the County Engineer, and he/she shall render a decision <br />in writing to the applicant. The applicant may then appeal the administrative decision of the <br />County Engineer to the Hearings Examiner, pursuant to KCC 15A.07.015., comprised of the <br />Public Works Director, Community Development Services representative, Fire Marshal, or <br />designees, and three citizens appointed by the BOCC. <br />If the proposed road variance is located within a fire district, notice of the proposed variance <br />shall be provided to the applicable fire district a minimum of 14 days prior to at the same time <br />the Road Variance Committee application is submitted to the County Engineer. The Fire District <br />shall have a minimum of 14 days to submit comments between when copies of the variance <br />application are submitted to them for comment and when the County Engineer takes up the <br />matter for decision. meeting scheduled for consideration of the variance request. The fire district <br />may submit comments on the road variance request up until the committee has made a decision <br />on the request. <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 <br />for consideration during plan review and public hearing. Variances from the standards in this <br />title will be considered on a case-by-case basis. Variances will be granted only upon evidence <br />that the variance demonstrates the following: <br />1. 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 />2. Such variance is necessary for the preservation and enjoyment of a substantial property <br />right of the developer possessed by the owners of other properties in the same vicinity or <br />district; and <br />3.The authorization of such variance will not be materially detrimental to the public <br />welfare or injurious to property in the vicinity or district in which the property is located; <br />and <br />4. Special conditions and circumstances do not result from the actions of the developer; and <br />5. The granting of such variance will not adversely affect the realization of the Kittitas <br />County Comprehensive Plan, Long-Range Transportation Plan or this title. <br />The variance request(s) shall consist of: <br />1.Variance fee. <br />2. Variance application. <br />3. Identification of the standard provision to be waived or varied. <br />4. Identification of the alternative design or construction standards to be adhered to. <br />5. 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 <br />denial or imposition of conditions of a variance decision, an appeal shall be filed per KCC <br />Docket #2