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A. The hearing examiner shall have authority to grant variances from any and all provisions of this chapter and any standards adopted hereunder. All applications for a variance shall be in writing to the city clerk and shall be accompanied by a fee as established by the city council by periodic resolution. The applicant shall be given no less than ten days’ notice of the date on which the hearing examiner will consider the requested variance. The hearing examiner shall hold a hearing on the application, and may grant a variance only upon a finding that all of the following facts and conditions exist:

1. A literal enforcement of this chapter would cause practical difficulties or a unique hardship which was not self-generated; and

2. No material detriment will result to public health, safety or welfare; and

3. No material increase in the likelihood of exposure of the city to liability for claims or damages; and

4. No violation of any other laws, rules, regulations or policies applicable to the applicant’s intended use.

The applicant shall bear the burden of demonstrating that the criteria set forth in this section are met.

B. In approving a variance request, the hearing examiner may impose such conditions as it deems necessary and appropriate to carry out the spirit and purposes of this chapter and to protect the long-range plans of the city rights-of-way system and the public interest. Each variance shall be considered on a case-by-case basis and shall not be construed as setting precedent for any subsequent application. The decision of the hearing examiner shall be final. Any party with standing aggrieved by the decision of the hearing examiner on a variance shall have a right to file an application for writ of certiorari in the Snohomish County superior court; provided, that the application must be filed and served within a twenty-day period after the effective date of the decision. (Ord. 013/2022 § 1; Ord. 1154, 1999)