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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 />15A.07 or KCC 15A.08, based on the underlying land use decision in accordance with Ch. <br />36.70B RCW. (Ord. 2018-001, 2018; Ord. 2015-010, 2015) <br />12.01.135 Variance Fairness Standard. <br />1. Disqualification <br />1. A Road Variance Committee member shall disqualify himself or herself from a <br />proceeding in which the committee member’s impartiality might reasonably be <br />questioned. The fact that a committee member has considered the same or a <br />similar proposal in another hearing, has made a ruling adverse to the interests of a <br />party in this or another hearing, or has previously considered and ruled upon the <br />same or a similar issue, is not a basis for disqualification. <br />2. A request for disqualification shall be granted whenever the committee member: <br />1. Has a personal bias or prejudice concerning the party; <br />2. Has served in a professional or business relationship with respect to the <br />matter in issue, or is currently associated with a person who is or was so <br />engaged; or <br />3. Has directly, or through a family member or fiduciary relationship, a <br />financial or personal interest in the outcome of the matter or issue. <br />2. Ex Parte Contacts <br />1. All Road Variance Committee quasi-judicial proceedings are subject to the <br />appearance of fairness doctrine. No person shall contact a Road Variance <br />Committee member off the record for the purpose of influencing the committee <br />member’s decision. Ex parte contacts limited strictly to the clarification of <br />procedural matters (and not to the merits of a dispute) are permitted. A deliberate <br />ex parte contact in violation of this section may be deemed an attempt to interfere <br />with Road Variance Committee duties. If a substantive ex parte communication is <br />made to or by the committee member, the committee member shall publicly <br />disclose it. (Ord. 2018-001, 2018) <br />