The Department may grant a variance from any requirement of this Division II if, because of exceptional circumstances applicable to the site, strict adherence to that requirement will result in unnecessary hardship and not fulfill the intent of this Division II. Ord. 02-367

The application for a variance must: be in the form that the Department requires; state the specific variance sought; explain why the variance is needed; contain any other information that the Department requires; and be submitted to the Department with the applicant’s proposed stormwater management plan. Ord. 02-367 Ord. 10-277

When an application for a variance is submitted, the Department shall prepare and post on its website, available for download, a public notice of the application. The public notice shall include:the applicant’s name and address; a description of the location and nature of the activity for which the application is made; the name, address, and telephone number of the office within the Department from which persons may obtain information about the application; a statement that any further notices about actions on the application will be posted on the Department’s website; a description of how persons may submit information or comments about the application; and the date when the public comment period closes, not to exceed 30 days, and by which information or comments must be received by the Department. The Department also shall mail or email public notices to:all contiguous property owners; the City Councilmember in whose district the property is located; and persons who have submitted information or comments about the application. Comments on an application must be submitted in writing to the Department before the close of the public comment period, as specified in the public notice. Ord. 10-277

The Department may not grant a variance unless the applicant provides sufficient satisfactorily demonstrates that the implementation of environmental site design to the maximum extent practicable has been thoroughly investigated. Ord. 02-367 Ord. 10-277

The Department may require a person who is granted a variance to pay an offset fee to the City. Ord. 02-367