When necessitated by geographical terrain features, or when the strict imposition of these standards would entail a substantial hardship to a landowner not borne by other landowners similarly situated or when necessary to protect and preserve large trees, an applicant may request from the board of supervisors modified road improvement standards. Any person who desires to request a modification to the road improvement standards as conditioned by the planning commission or by staff of the county, that person must file a request for a modification to the road improvement standards with the clerk of the board of supervisors and the planning commission secretary within ten days of the action of the planning commission or if the subject project does not require action by the planning commission the request for modification must be filed with the clerk of the board of supervisors and the community development department prior to issuance of the permit by county staff.
When a modification is requested, the applicant shall pay any applicable fee and shall submit sufficient information to demonstrate the hardship and to address the findings necessary to grant the modification. Any request for a modification shall first be reviewed by the planning commission, if not reviewed previously, who shall forward a recommendation to the board of supervisors for their consideration.
A. When considering the granting of a modification to these standards, by the board of supervisors, the following must be shown:
1. Geographical terrain features apply to the subject land in the application which do not apply to other lands similarly situated and/or
2. The strict imposition of these standards without modification would entail a substantial hardship to the applicant not borne by other application or landowners similarly situated and
3. The granting of the modification is necessary for the preservation and enjoyment of substantial property rights of the applicant and
4. The granting of the modification will not, under the circumstances of the particular case, affect adversely the health or safety of persons residing or working in the neighborhood of the site of the subject project requiring road improvements, and will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood.
B. The granting of a modification to these standards, by the board of supervisors, shall be subject to any conditions as will assure the modification granted shall not constitute a grant of special privileges and secure the intended purposes of this chapter.
C. On a case-by-case basis, a written recommendation from the local fire district regarding the modification required may be required by staff to proceed.
(Ord. 2001-001 § 4, 2001: Ord. 91-26 § 2, 1991 Ord. 89-05 § 1 (part), 1989: Ord. 78-23 § 1 (part), 1978. amended by Ord. 2016-003)