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The land use hearing examiner shall have authority to grant variances from any and all provisions of this ordinance 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 set by resolution of the City Council. The applicant shall be given ten (10) days’ notice of the date on which the land use hearing examiner shall consider the variance. The land use hearing examiner may grant a variance only upon a finding that all of the following facts and conditions exist:

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

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

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

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

In approving a variance request, the land use hearing examiner may impose such conditions as it deems necessary and appropriate to carry out the spirit and purposes of this ordinance and to protect the long-range plans of the City right-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 land use hearing examiner shall be final. Any party aggrieved by the decision of the land use hearing examiner 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 (20) day period after the effective date of the decision. (Ord. 2186, 2010; Ord. 2299, 2016)