16.33.090 Hardship waiver – Variance.
The planning commission may waive or modify a requirement concerning the type, quantity, location, height of landscaping, planting bed widths, or other landscaping standards as provided in this chapter.
A. Pre-Application Conference. The applicant shall schedule a pre-application conference with the city planner prior to submission of a waiver application. The purpose of the pre-application conference is to allow the applicant to explain the situation that gives rise to the need for a waiver. It also gives the city planner the opportunity to review the proposed waiver or modification and identify other options and to explain the waiver process.
B. Application and Landscape Plan. After the pre-application conference, the applicant shall submit an application for the waiver or modification to the city planner with the appropriate application fee. The application shall include a landscape plan depicting all information relevant to the requested waiver or modification. The city planner may require that the landscape plan be produced by a registered professional engineer, architect, landscape architect or land surveyor.
C. Public Hearing. The planning commission shall hold a public hearing on the application. The notice, comment period, and hearing procedure shall be the same as provided in WMC 16.16.040 for a conditional use.
D. Decision. The planning commission may approve an application only if the planning commission finds that the application meets all of the following standards:
1. Either (a) native vegetative features within or adjacent to the property, or the shape, topography, drainage or other physical features of the property, make compliance with the landscaping requirements of this title impracticable or contrary to the public interest; or (b) compliance with the landscaping requirements of this title will have an adverse effect on other adjoining property;
2. The special conditions that support the waiver or modification are not caused by the person seeking the waiver or modification, a predecessor in interest, or the agent of either;
3. The waiver or modification is not sought solely to relieve pecuniary hardship or inconvenience;
4. The waiver or modification will not significantly affect adjacent property or water bodies; and
5. The waiver or modification is consistent with the purpose and intent of this chapter. (Ord. 22-03 § 10, 2022; Ord. 17-18(AM) § 2, 2017)