(1)
Any applicant can request and make application to the city requesting a modification from the requirements of MMC § 22G.100.230 through § 22G.100.330.
(2)
For a modification of 25 percent or less, it shall be considered by the community development director as an administrative decision.
(3)
For a modification of more than 25 percent, it shall be considered by the hearing examiner at a public hearing.
(4)
The modification shall not be granted by the community development director or hearing examiner until the following criteria have been established:
(a)
There are exceptional circumstances or conditions such as: locations of existing structures, lot configuration, topographic or unique physical features that apply to the subject property which prohibit the applicant from meeting the standards of this title;
(b)
The authorization of the modification or variation will not be detrimental to the public welfare or injurious to property in the vicinity or zone in which the property is located;
(c)
A hardship would be incurred by the applicant if he/she complied with the strict application of the regulations. The filing of an application with the city requesting a modification for variation shall stay the running of the time period for binding site plans and development plans.
(Ord. 2852 § 10 (Exh. A), 2011)