16.04.070 Waiver or modification of requirements.
A. The City Council may waive or modify any of the requirements and regulations set forth in this chapter. Application for any such waivers or modifications shall be made in writing by the subdivider, stating fully the grounds of the application and the facts relied upon by the subdivider. Such application shall be filed with the tentative map or tentative parcel map application. In order for the property referred to in the application to come within the provisions of this section, the City Council shall find that the granting of the modification will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated, and that:
1. There are special circumstances or conditions affecting the property; or
2. The waiver or modification will improve the overall subdivision design; or
3. The property is to be devoted to such use that it is impossible or impracticable in the particular case for the subdivider to comply fully.
B. In approving waivers or modifications, lots which are in conflict with the standards of SMC Title 17, Zoning, shall not be created.
C. The City Council shall specifically and fully set forth the modification and the conditions designated.
D. In all cases in which such modifications are authorized, the City Council shall require such evidence as it deems necessary that the conditions required in connection with such modifications will be met.