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The City may grant variances from the Critical Areas Code’s substantive regulations in accordance with Chapter 14.70 SMC, if the criteria in A or B below are met.

A. The variance conforms to the variance criteria stated in SMC 14.70.040, plus the variance:

1. Conforms with the purpose of the Critical Areas Code,

2. Does not impact anadromous fish habitat; and

3. Is justifiable in light of the best available science and the GMA policies referenced in SMC 14.255.010(F).

B. The variance is determined to be a reasonable use (conformance with the SMC 14.70.040 criteria not required) in accordance with the following:

1. The application of the Critical Areas Code would otherwise deny all reasonable economic use of the property;

2. The City does not offer to compensate the owner for the denial of reasonable economic use;

3. No other reasonable economic use of the property or development design has less impact on the critical area;

4. The proposal does not pose an unreasonable threat to the public health, safety, or welfare;

5. The proposal conforms to other applicable regulations;

6. Impacts to critical areas are mitigated; and

7. The application is sufficiently documented (for example, critical area report, mitigation plan, permit applications, and environmental documents) to make a determination regarding these criteria.

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