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Exhibit N: Docket Item 22-18 <br />Variance Substantial Construction <br />17.84.010 Granted when. <br />Pursuant to Title 15A of this code, Project permit application process, the administrator, upon <br />receiving a properly filed application or petition, may permit and authorize a variance from the <br />requirements of this title only when unusual circumstances cause undue hardship in the <br />application of it. The granting of such a variance shall be in the public interest. A variance shall <br />be made only when all of the following conditions and facts exist: <br />1. Unusual circumstances or conditions applying to the property and/or the intended use that do not <br />apply generally to other property in the same vicinity or district, such as topography; <br />2. Such variance is necessary for the preservation and enjoyment of a substantial property right of <br />the applicant possessed by the owners of other properties in the same vicinity or district; <br />3. 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; <br />4. That the granting of such variance will not adversely affect the realization of the comprehensive <br />development pattern. A variance so authorized shall become void after the expiration of one year <br />if no substantial construction has taken place. "Substanlia! constructioi'i" ShalI be dcfJned as the <br />c`oA10�1's� t it�)(UPP1,c►► al of one of 111tat; !M (4it.1L'' i!lsaa�.'.ti►n weli�xl t w ith the�lut�xa�ali 1 <br />Residenli+_1.r;o!1e aggi gi RR 1! and the Irtj»ational ft.ri1?inc Code cdine lIQ. The Di :qlak <br />autl�nrized t i u h r t�. rto u exeec d' 36i J s ets�Mgo:jM, l ,nsions <br />shall bc mvcslgd in ip, pELor to weit eX it icm fyntl sb-aJL&Mapjmte fgr wh : sub tart' <br />qqnsl=ion could not take: place. <br />Pursuant to Title 15A of this code, the Hearing Examiner, upon receiving a properly filed appeal <br />to an administrative determination for approval or denial of a variance, may permit and authorize <br />a variance from the requirements of this title only when unusual circumstances cause undue <br />hardship in the application of it. The granting of such a variance shall be in the public interest. A <br />variance shall be made only when all of the conditions and facts identified within subsections A <br />through D of this section arts found by the Hearing Examiner to exist. (Ord. 2012-OQE 2012; Ord. <br />96-19 (part), 1996; Res. 83-10, 1983) <br />2021 Doclret Enabling Ordinance <br />Page 51 <br />December 20, 2022 <br />