16.90.005 Granted upon certain findings.
A land use hearings examiner shall not grant a variance unless the examiner makes the following findings:
A. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone that the property, on behalf of which the application was filed, is located; and
B. That such variance is necessary, because of special circumstances relating to the 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 in the zone in which the subject property is located; and
C. That the granting of such variance will 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; and
D. That the special conditions and circumstances do not result from the actions of the applicant. (Ord. 1192 §199, 2002).