16.15.180 Variances and appeals.
(1) The Hearing Examiner shall hear and decide any appeal or request for a variance from the requirements of this chapter. Appeals and requests for variances shall be accompanied by a fee as set forth in the current fee resolution.
(2) The Hearing Examiner shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. Appeals shall be heard in accordance with Chapter 14.45 CMC.
(3) Anyone aggrieved by the decision of the Hearing Examiner, or any taxpayer, may appeal such decision to the King County Superior Court, as provided in the Land Use Petition Act.
(4) In passing upon such appeals and variance requests, the Hearing Examiner shall consider all technical evaluations, all relevant factors and standards specified in other sections of this chapter, and, in addition:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the City;
(e) The necessity of a waterfront location for the facility, if applicable;
(f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and the floodplain management program for that area;
(i) The safety of access to the property for ordinary and emergency vehicles in times of flood;
(j) The expected height, velocity, duration, rate of rise and sediment transport of the floodwater and the effects of wave action, if applicable, expected at the site; and
(k) The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.
(5) Upon due consideration of the factors set forth in subsection (4) of this section as well as the purposes of this chapter, the Hearing Examiner may, in his discretion, attach such conditions to the granting of any variance as he deems necessary to further the purposes of this chapter.
(6) The Floodplain Administrator shall maintain the records, including justification of their issuance, of all appeals and report any variances to the Federal Insurance Administrator upon request. (Ord. 12-20 § 2 (Exh. A); Ord. 06-17 § 3 (Exh. A); Ord. 01-09 § 16; Ord. 20-07 § 92; Ord. 100-98 § 1)