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After a variance denial, staff highlighted planning director waiver as an administrative alternative
Summary
Staff explained that applicants denied a variance can submit a special use/site-plan application and request a planning director waiver (an administrative adjustment) — typically a smaller increase than a full variance — to address some site constraints without seeking expanded development rights through the variance process.
During the May 7 meeting, staff advised applicants that the planning director waiver process can be an administrative alternative to a full variance when a project’s design needs minor adjustment from the Land Development Code.
Planner Luke Mortensen explained that waivers are considered as part of a formal site plan or special use permit submission and gave the example that a planning director could approve an increase in maximum street-side setback from 25 feet to something modest (Mortensen used 45 feet as an illustrative example) during that process. "The planning director could administratively approve a slightly increased street side setback to accommodate the proposed project area slope or future utility easements," Mortensen said, noting that waivers are intended to be less extreme and more targeted than a variance.
Mortensen emphasized the sequence: the applicant must file a special use permit/site plan package that includes a written waiver request; staff review and the planning director's administrative decision occur within that subsequent application process. Staff also recommended applicants consider waivers to exhaust administrative remedies before pursuing permanent increases in development rights via variance approval.
