§ 17.23.030. Criteria for variance approval.

A variance shall be granted only when the applicant demonstrates the following. If all of the following cannot be demonstrated, then the application for variance must be denied. Variance criteria are as follows:

A.

That granting the variance will be consistent with the general purpose and intent of this title, and will not be injurious to the neighborhood; or otherwise detrimental to the public welfare;

B.

That granting the variance will not permit the establishment of any use not permitted in a particular zoning district;

C.

That unique circumstances exist. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or structures for which the variance is sought. The special circumstances or conditions must be peculiar to such land or structures, and not generally applicable to land or structures in the neighborhood. The special circumstance or conditions must also be such that the strict application of the provisions of this title would deprive the applicant of reasonable use of such land or structure;

D.

That unnecessary hardship exists. It is not sufficient proof of hardship to show that lesser cost would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases without knowledge of the restrictions. It must result from the application of this title to the land or structure. It must be suffered directly by the property, in question and evidence of variance granted under similar circumstance shall not be considered. Neither nonconforming uses or neighboring lands or structures, nor buildings in other zoning districts, shall be considered as controlling factors for the issuance of a variance;

E.

That granting of the variance is necessary for the reasonable use of the land or structure, and that the variance as granted by the hearing examiner is the minimum variance that will accomplish this purpose.

(Ord. 2407 (part), 2004; Ord. 2274 § 1 (part), 2000)