§ 23.05.054. Request for Relief from Ordinance Provisions and Standards.

a.

A request for relief from the provisions of the Grading Ordinance, grading permit conditions of approval, or plan specifications, may be approved, conditionally approved, or denied by the Director. A request for relief must state in writing the provision that is proposed to be varied, the proposed substitute provision, when it would apply, and its advantages. The following findings shall be required to approve or conditionally approve a request for relief:

(1)

There are special individual circumstances or conditions affecting the property that make the strict letter of this ordinance impractical; and

(2)

No relief shall be granted unless the relief requested is consistent with the purpose and intent of the Grading Ordinance and does not diminish the health and safety benefits that would be obtained in the absence of a grant of relief.

b.

The Director may require additional information from professional engineering, engineering geology or geotechnical engineering or erosion control specialists' opinions which are necessary to evaluate the requested relief.

c.

As contemplated in this Section, the Director may grant alternative methods of construction or modifications for projects which could be constructed under the basic standard established in the Grading Ordinance, but which if relief is granted, can be better or equal to and more economically designed and constructed than if relief were not given. Relief shall not be granted if it would have the effect of allowing the construction of a project which would not be possible under the provisions of this Code without the relief.

[Added 2013, Ord. 3253]

Editor's note

See editor's note, § 23.05.020.