17.34.170 Variances.
(1) Where difficulties exist, rendering compliance with the short plat ordinance impractical and such compliance would create unnecessary hardship for the owner, the administrator may consider variances from the requirement of this chapter, subject to the approval of the council at a public meeting.
(2) In passing upon any application for variance, the administrator shall consider all maps and surveys, all agency reports, all relevant factors, standards specified in other sections of this chapter, and:
(a) The asserted hardship is due to unique circumstances such as lot size or shape, topography, and location or surroundings as it relates to the property;
(b) The hardship would apply to the particular lot, tract or parcel regardless of the owner;
(c) The request for variance is not the result of an illegal act on the part of the applicant;
(d) The hardship or difficulty asserted as a ground for a variance must relate to the premises for the benefit of which the variance is sought and not to other premises or personal conditions of the applicant; and
(e) The variance will not have the effect of nullifying the intent and purpose of the town comprehensive plan, the standards of this chapter, or the town’s shoreline management master program. (Ord. 665 § 17, 2022)