§ 17.66.100. Minor deviations.

A.

The planning director, or a member of the planning department, as designated by the city manager, may grant certain minor deviations to established development standards within the following limits, provided he finds the request to be consistent with the general plan of the city, does not conflict with any other provisions of the zoning ordinance, and does not adversely affect surrounding properties, or the property of the applicant:

1.

A decrease of not more than ten percent of the required building site lot size, width or depth;

2.

A decrease of not more than ten percent of the required width of a side yard or the required setback distance between buildings;

3.

A decrease of not more than ten percent of the required front or rear yard;

4.

An increase of not more than ten percent in the permitted height of the fence or wall, with the exception of fenced recreational enclosures;

5.

An increase of not more than ten percent of the permitted projection of eaves, overhangs, etc., into any required front, rear or side yard;

6.

An increase of not more than ten percent in the maximum allowable lot coverage;

7.

An increase of not more than ten percent in the permitted height of buildings;

8.

A single story addition built along existing building lines that encroaches into a side yard where that side yard was legally established but is nonconforming;

9.

The permitted height of solid material fencing allowed in the rear and side setbacks where there is a grade differential of more than thirty-six inches between adjoining lots in the residential zones;

10.

An encroachment into a required front yard of a developed residential lot, which does not project closer to the front property line than the forwardmost building line.

B.

Procedure.

1.

Application for minor deviations shall be made to the planning director, in writing, on forms authorized, accompanied by a fee. The fee shall be one-half of the cost of a variance as set forth by resolution of the city council.

2.

Notice of the application shall be given to all owners of contiguous and adjacent properties by first-class mail at least ten days prior to the rendering of a decision by the planning director. After receiving a request for a minor deviation for any of those items specified in subsection A of this section, the planning direction shall either grant, deny, or grant with conditions, the application. The applicant, all owners of contiguous and adjacent property and members of the planning commission and city council shall be mailed a copy of the director's decision. The decision shall be final unless appealed by a party in interest within twenty calendar days of the date of the mailing of the decision.

3.

If an appeal is filed with the planning commission, the commission shall review the decisions of the director at its next regular meeting at least ten calendar days after the appeal is filed. Notice of the meeting shall be mailed to all contiguous and adjacent property owners. The commission, upon reviewing the record of the proceedings before the director and the appeal, shall either sustain, overturn or modify the director's decision. Notice of the commission's decision shall be mailed to both the applicant and the appellant. The decision of the commission shall be final unless appealed to the city council by a party in interest, or appealed by the city council on its own motion, within twenty calendar days of the decision.

4.

Except when appeal is an action of the city council, appeal to the city council shall be in writing and shall be accompanied by a filing fee, which shall be the same as the application fee for the minor deviation request. The city council shall review the decision of the commission at its next regular meeting at least ten calendar days after the appeal is filed. Notice of the meeting shall be sent to all contiguous and adjacent property owners. The city council, upon reviewing the record of the proceedings before the commission, shall either sustain, overturn, or modify the decision of the commission. The decision of the city council shall be final. Notice of the council's decision shall be mailed to the applicant and the appellant by the city clerk within ten calendar days of the decision.

(Prior code § 1898 (j))