21.72.090 Exceptions.
A. Exceptions Authorized. Where exceptional conditions exist that prevent full compliance with RZC 21.72.060, Tree Protection Standards, and/or RZC 21.72.080, Tree Replacement, the applicant may request an exception. A request for any exception shall be submitted in writing by the property owner for consideration by the Administrator, and shall accompany the application for a permit reviewed under this section. The written request shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The Administrator may also require the recommendation of a certified arborist in reviewing an exception request.
B. Exception Criteria. An exception shall not be granted unless criteria B.1, B.2, B.3, and B.4 of this subsection are satisfied:
1. The exception is necessary because:
a. There are special circumstances related to the size, shape, topography, location, or surroundings of the subject property; or
b. Strict compliance with the provisions of this code may jeopardize reasonable use of property; or
c. Proposed vegetation removal, replacement, and any mitigating measures proposed are consistent with the purpose and intent of the regulations; or
d. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity; or
e. The strict compliance with the provisions of this code would be in conflict with the increased density of urban centers or the Marymoor Design District and result in development that would be inconsistent with the adopted vision for the neighborhood.
2. If an exception is granted below the required minimum retention standard of 35 percent, tree replacement shall be at a minimum of three trees for each significant tree removed. Tree replacement ratios may be modified for master plans within urban centers and local centers to allow for 1:1 replacement when accompanied by a three-tier vegetative replacement plan. In the Marymoor Design District, rather than increase the tree replacement ratio, the canopy coverage requirement in RZC 21.72.080.H.3 shall be increased to 20 percent of the site area. When the total number of replacement trees required to meet the canopy requirement is less than the number that would otherwise be required by this paragraph, the applicant shall plant the trees that would otherwise be required on site or contribute the difference to the tree replacement fund, or a combination of the two.
3. Native Growth Protection Area (NGPA). Trees within an established Native Growth Protection Area shall not be removed, except when removal has its specified purpose:
a. To remedy a hazardous tree;
b. To establish a nonmotorized trail as part of a private environmental interpretation program or City of Redmond trail system;
c. To relocate or consolidate existing trails for the purpose of controlling human impacts to vegetation;
d. To stabilize slopes;
e. To add or restore native plants;
f. To control and replace nonnative vegetation;
g. To restore degraded watercourses or wetlands; or
h. To implement a City of Redmond long-term restoration or management plan.
4. Proposed tree removal, replacement, and any mitigation proposed are consistent with the purpose and intent of this section. (Ord. 2883)