18.165.050 Required findings.
A decision to grant a waiver shall be based on the following findings:
A. The waiver is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including but not limited to topography, noise exposure, irregular property boundaries, or other unusual circumstance;
B. There are no alternatives to the requested waiver that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public;
C. The granting of the requested waiver will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this code;
D. In residential districts, the hearing officer must also make the following findings in addition to any other findings that this chapter requires:
1. There are exceptional or extraordinary circumstances related to the design, building code compliance, or other code compliance that make it difficult or impossible to enlarge the house without a waiver, and the addition is of superior design quality and compatible with the existing neighborhood character;
2. The change is only intended to increase the habitability and function of the structure;
3. Granting the waiver is desirable for the preservation of an existing architectural style or neighborhood character that would not otherwise be accomplished through the strict application of this code; and
4. It can be demonstrated that the design of the proposed addition is of superior quality, compatible with the existing neighborhood character, effective in minimizing the perceived size of the dwelling, not overly intrusive to the privacy of neighboring dwellings and is in substantial compliance with the residential district regulations.
E. If the waiver requested is to provide reasonable accommodation pursuant to state or federal law, the hearing officer must also make the following findings in addition to any other findings that this chapter requires:
1. That the housing or other property which is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;
2. If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under state or federal law;
3. That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and
4. That denial of the requested waiver would impose a substantial burden on religious exercise or would conflict with any state or federal statute requiring reasonable accommodation to provide access to housing. [Ord. 14-12 § 1; Res. 14-36 § 507.05.]