20.56.010    Authority.

20.56.020    Application.

20.56.030    Required findings for variances.

20.56.010 Authority.

The Hearing Examiner may grant a variance to the strict and literal interpretation and enforcement of the Land Use Code, when practical difficulties, unnecessary hardships or conditions inconsistent with the general purpose of the Land Use Code result through the strict and literal interpretation and enforcement of the provisions of the Land Use Code, except to use and procedural requirements, based upon the provisions of this chapter. (Ord 07-201, §4 (Ex D); Ord 06-186 (Ex A))

20.56.020 Application.

Application by a property owner for a variance shall be considered to be a Development Application by a Developer, according to the processes established by the Development Code. The developer’s application for a variance shall fully state the grounds for the variance and the facts relied upon. (Ord 06-186 (Ex A))

20.56.030 Required findings for variances.

In granting a variance, in addition to the findings required for the approval of all applications in the Development Code, the following findings shall be made:

A. The variance shall not constitute a grant of special privilege inconsistent with the limitations on uses of other properties in the vicinity and zone in which the property is located.

B. The variance is necessary because of special circumstances relating to size, shape, topography, location, or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone.

C. The special conditions and circumstances contributing to the hardship from which relief is sought are not the result of the applicants own action.

D. The granting of such variance shall not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. (Ord 06-186 (Ex A))