(B) Approval criteria. The Planning Commission through a Type III procedure may approve a variance upon finding that it meets all of the following criteria:
(1) The variance is necessary because the subject Code provision does not account for special or unique physical circumstances of the subject site, existing development patterns, or adjacent land uses. A legal lot determination may be sufficient evidence of a hardship for purposes of approving a variance;
(2) The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site;
(3) The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustment or land division approval previously granted to the applicant;
(4) The variance does not conflict with other applicable city policies or regulations;
(5) The variance will result in no foreseeable harm to adjacent property owners or the public; and
(6) All applicable Building Code requirements and engineering design standards shall be met.
(Ord. 2021-08-02, passed 10-12-2021)