17.68.070 Variance application and decision criteria.
The owner or his/her agent may make application for a variance on a form prescribed by the director and submitted to the community development department accompanied by the required fee and such plans, elevations and other information as are required for evaluation of the applicant’s request, and written statements and evidence showing that:
A. Because of special circumstances or conditions, applicable to the property, building, or use, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications and that the special circumstances or conditions were not created or caused by the applicant.
B. Granting the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
C. Granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the property.
D. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant.
E. Granting of the variance will not, under the circumstances of the particular case, be substantially detrimental to the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be substantially detrimental to the public welfare or injurious to property or improvements in the neighborhood.