§ 21.28.050. Review criteria and findings.

The Board of Appeals shall not vary the regulations of this Zoning Code unless it makes findings based upon the evidence presented to it in each specific case that:

A.

Because of the particular physical surroundings, shape or topographical conditions of the specific property 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 variation 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 has not been created by any present or any previous owners of the property, whether individual or entity, to whom or to which the property has been transferred for fair market value, for other adequate or sufficient consideration, or as a result of inheritance or court order.

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 variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire, endanger the public safety, or alter the essential character of the neighborhood or district in which the property is located.

G.

Within the intent and purpose of this Zoning Code, the variance, if granted, is the minimum variance necessary to afford relief.

(Ord. O-1-04 Revised (part), 2005)

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