17.16.060 Deviations.
(A) The City Engineer may approve deviations from the specific terms of this Chapter which would not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this Chapter would result in unnecessary hardship for the Applicant, and provided that the spirit of this Chapter shall be observed, the public safety and welfare secured and substantial justice done for the Applicants.
(B) An application for a deviation may only be granted upon a finding that all of the following conditions have been met:
(1) The granting of the deviation will not adversely affect the rights of adjacent Landowners.
(2) The strict application of the provisions of this Chapter would constitute unnecessary hardship upon the Landowner represented in the application.
(3) The deviation desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
(4) Granting the deviation will comply with the general spirit and intent of this Chapter.
(5) It has been determined the granting of a deviation will not result in extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local, federal, or State laws.
(6) Upon consideration of the factors listed above and the purposes of this Chapter, the City may attach such conditions to the granting of deviations as it deems necessary to further the purpose of this Chapter.
(C) In considering deviation applications, the City Engineer has the discretion of using any or all of the following project evaluations when, in the judgment of the City Engineer, these evaluations are relevant and appropriate.
(1) That alternative standards for stormwater management, water quality protection, and ecological preservation have been established, and/or that mitigation measures are undertaken.
(2) That existing physical or natural characteristics of the site make strict application of the Chapter infeasible.
(3) That concerns for flooding, Stream bank Erosion, Stream instability, and maintenance of culverts, bridges or other structures are addressed.
(4) That the deviation is the minimum necessary to afford relief.
(5) No individual or combination of evaluations are necessarily required for an application to be approved and the City Engineer may weigh these evaluations in light of all relevant considerations in determining whether or not to approve an application. (Ord. 09-25 § 2, 2009.)