§ 15.04.060. Variance and appeal procedure.

A.

The city council shall hear and decide appeals and requests for variances from the requirements of this chapter.

B.

The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the City of Galena in the enforcement or administration of this chapter.

C.

Those aggrieved by the decision of the city council may appeal such decision to the superior court.

D.

In passing upon such applications, in addition to the standards set forth in section 15.04.050, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:

1.

The danger that material may be swept onto other lands to the injury of others;

2.

The danger to life and property due to flooding or erosion damage;

3.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4.

The importance of the services provided by the proposed facility to the community;

5.

The necessity to the facility of a waterfront location, where applicable;

6.

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7.

The compatibility of the proposed use with existing and anticipated development;

8.

The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

9.

The safety of access to the property in times of flood for ordinary and emergency vehicles;

10.

The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action if applicable, expected at the site; and

11.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and streets and bridges.

E.

Upon consideration of the factors of section 15.04.050A., 15.04.060D. and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. No. 2011-04(S), § 10, 9-9-2010)