§ 20.32.020. Required findings.

The Board of Appeals shall not vary the regulations of this title unless findings are made based upon the evidence presented in each specific case that:

A.

Because of the particular physical surroundings, shape or topographical conditions of the specific project involved, a particular hardship to the owner would result as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;

B.

The conditions upon which a petition for a variance is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification;

C.

The purpose of the variance is not based exclusively upon a desire to increase financial gain;

D.

The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the property;

E.

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;

F.

The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood;

G.

With respect to proposed lots comprised of land which, as of January 1, 1981, was unimproved by buildings or structures, the proposed variance will not authorize lot areas or lot widths which are less then eighty percent of those required by the applicable zoning regulations of the City. With respect to other proposed lots, the proposed variance may authorize any lot areas or lot widths complying with Subsections A through F of this section.

(Ord. O-59-96 § 1 (part): prior code § 13-9(f))

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-7-12 Amended, § I, 7-9-2012)