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ORDINANCE NO. 2385
AN ORDINANCE AMENDING CHAPTER 17.40 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "VARIANCES"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 17.40 of the Moses Lake Municipal Code entitled "Variances" is renamed "Waivers,
Deferrals, and Deviations: and amended as follows:
17.40.010 Waivers, Deferrals, and Deviations: There is established a procedure for granting a waiver,
deferral, or deviation of the regulations contained in this title, as follows:
A.Any subdivider can make application to the Community Development Department for a waiver,
deferral, or deviation of any provision contained in this title provided the request is received
concurrently with the proposed subdivision or dedication. Such application shall include any
and all details necessary to support the application. All waiver, deferral, or deviation requests
must be forwarded to the City Council with the preliminary plat and the Planning Commission's
recommendation.
B.The Planning Commission shall not recommend a waiver, deferral, or deviation of the
subdivision regulations unless it shall find that the following condition exists in each case of a
request:
Where, because of the size of the tract to be subdivided, its topography, the condition or
nature of adjoining areas, or the existing of unusual physical conditions, the strict
compliance with the provisions of this title would cause an unusual and unnecessary
hardship on the subdivider, the Planning Commission may waive, defer or deviate from
the requirements set forth in this title.
In recommending a waiver, deferral, or deviation, the Planning Commission may require such
conditions as will secure, in so far as practicable, the objectives of the requirement waived,
deferred, or deviated from. Any waiver, deferral, or deviation authorized shall be entered in
the minutes of the Planning Commission together with the circumstances that justify the
waiver, deferral, or deviation granted.
C.If a short plat has not been approved as final within twelve (12) months after the waiver,
deferral, or deviation is granted, that waiver, deferral, or deviation shall become null and void.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on March_25,2 08.
ATTESJ. Ronald C. Covey, M
Ronald R. Cone, Finance Director
API207D AS TO FORM:I
Art
J mes A. Wh taker, City Attorney
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