Board of Adjustment Agenda and Packet 2014 09 17

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c. Create extraordinary public expense; Because this addition is considered an infill addition to an existing structure, and is being served by existing infrastructure, this addition will not create extraordinary public expense. d. Create a nuisance, cause fraud on, or victimize the public as identified in subsection B of this section; The proposed addition will not adversely impact the public. e. Conflict with existing local laws or ordinances over which the board has no jurisdiction. This addition is being processed as a planned unit development (PUD) and will conform to the existing Downtown Design Handbook, both of which comply with processes established in the LMC. Therefore this addition will not conflict with any existing local laws or ordinances. Staff believes this criterion has been met. 5. Any applicant to whom a variance is granted shall be given proper notice that the structure shall be permitted to be built with the lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The applicant has been notified of these requirements. Staff believes this criterion has been met. 6. The director shall maintain a record of all actions involving a variance and shall report variances to FEMA upon request. Staff believes this criterion has been met. 7. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: a. The criteria outlined in items 1 -7 of this subsection are met, and b. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. This is not a functionally dependent use. Staff believes this criterion has been met. SECTION 17.48.110 OF THE LMC: 6