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Page 3 <br />Public Hearing Minutes <br />February 25, 2016 <br />18.58.170. Height Waivers Adjustment to Height Standards <br />Where the Hearing Examiner finds that extraordinary hardships, practical difficulties, or <br />unnecessary and unreasonable expense would result from strict compliance with the <br />height limitations of the Zoning Code, or the purpose of these regulations may be served <br />to a greater extent by an alternative proposal, it may approve an adjustment height waiver <br />to these regulations; provided that the applicant demonstrates that the waiver(s) will <br />substantially secure adjustments are consistent with the values, objectives, standards, and <br />requirements of this Chapter, TMC Title 18, and the Comprehensive Land Use Plan, and <br />demonstrate the following:) <br />1. The granting of the height waiver will not be detrimental to the public safe y, health or <br />welfare, or injurious to other property, and will promote the public interest; and <br />21.. A particular and identifiable hardship exists or a specific circumstance warrants the <br />granting of an adjustment:. waiver. Factors to be considered in determining the existence <br />of a hardship shall include, but not be limited to: <br />a. Topography and other site features; <br />h. Availability of alternative site locations; <br />c. Geographic location of property; and <br />d. Size /magnitude of project being evaluated and availability of co- location. <br />2. In approving the ,aiver adjustment request, the Hearing Examiner may impose such <br />conditions as it deems appropriate to substantially secure the assure consistency with the <br />objectives of the values, objectives, standards and requirements of this Chapter, TMC <br />Title 18, and the Comprehensive Land Use Plan. <br />3. A petition for any such waiver adjustment shall be submitted, in writing, by the . <br />applicant with the application for Hearing Examiner review. The petition shall state fully <br />the grounds for the adjustment and all of the facts relied upon by the applicant. <br />(Ord. 2251 §72, 2009; Ord. 2135 §1 (part), 2006) <br />Staff said that the City Attorney has reviewed the proposed language and after some minor changes was <br />comfortable with the language. It is up to the Commission whether they approve these policy changes. <br />Ms. Allen answered several questions from the Commission. <br />In response to a question raised by Commissioner Alford Ms. Allen rescinded her request to delete the <br />following language from paragraph 1, "of the Zoning Code." <br />There was no further testimony. <br />The public hearing was closed. <br />The Planning Commission deliberated. <br />Commissioner Mann was opposed to deleting the following language "the granting of the height waiver, will <br />not be detrimental to the public..." from the first paragraph as requested by the applicant. She said that it gives <br />direction to the Hearing Examiner on what the City is looking for. The Commissioners were in consensus <br />(note: Commissioner Alford was not in the Court Room at present.) Ms. Allen proposed that the paragraph be <br />moved from paragraph one to paragraph two so it could be a Hearing Examiner's decision. <br />Chair Mann asked for a motion accepting the green line document received from the applicant with the <br />following exceptions: <br />1. The proposal to delete "of the Zoning Code " — denied, language will remain <br />3 <br />