23.60A.041

A. The Director may grant an applicant relief from compliance with the requirements of this Chapter 23.60A as described in subsection 23.60A.041.B if the applicant demonstrates that: 1. A shoreline restoration project causes or would cause a landward shift in the OHW mark, resulting in the following: a. Land that had not been regulated under this Chapter 23.60A prior to the construction of the restoration project is brought under the shoreline jurisdiction; or b. Additional regulatory requirements apply due to a landward shift in required shoreline setbacks or other regulations of this Chapter 23.60A ; 2. Application of the regulations of this Chapter 23.60A would preclude or interfere with use of the property permitted by this Title 23 , thus presenting a hardship to the project proponent; and 3. The applicant was not required to undertake the restoration project as mitigation to obtain a development permit. B. The Director may grant the applicant relief that meets the following criteria: 1. The proposed relief is the minimum necessary to relieve the hardship; 2. After granting the proposed relief there is net environmental benefit from the restoration project; and 3. Granting the proposed relief is consistent with the objectives of the shoreline restoration project and consistent with this Chapter 23.60A . (Ord. 124105 , § 3, 2013.)