Appeals shall be considered de novo and shall be limited to objections raised in the
appeal statement. The Director's decision shall be affirmed unless the Hearing Examiner
finds the Director's decision to be clearly erroneous. The person requesting the variance
shall have the burden of proving, by preponderance of the evidence, all elements related
to justifying the variance.
5.
Within 30 days after the hearing is conducted, the Hearing Examiner shall issue a
decision on a variance appeal and provided a copy to the appellant, the Director,
and other affected parties on the day it is issued.
6.
The Hearing Examiner's decision shall be final and conclusive unless the Hearing Examiner
retains jurisdiction or the decision is reversed or remanded on judicial appeal. Any
judicial review shall be as provided by RCW 36.70C and must be commenced within 21
days of issuance of the Hearing Examiner's decision, as provided by RCW 36.70C.040.
(Ord. 123899, § 19, 2012; Ord. 120087 § 6, 2000.)