A. Administrative Modification Findings. The Director shall record the decision in writing, with the findings on which the decision is based. The Administrative Modification may be approved, with or without conditions, only after making all of the following findings.
1. The strict application of the applicable development standard creates an unnecessary, involuntarily-created hardship, or unreasonable regulation that makes it obviously impractical to require compliance with the development standards.
2. Approval of the Administrative Modification would not be detrimental to the public health, interest, safety, or general welfare, and would not be detrimental or injurious to property or improvements in the vicinity and in the same zoning district.
3. The project is consistent with the General Plan and complies with all other applicable provision of this Title.
B. Variance Findings. The Commission shall record the decision in writing, with the findings on which the decision is based. The Variance may be approved, with or without conditions, only after making all of the following findings:
1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, and topography), or to the intended use of the property, so that the strict application of this Title denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.
2. The strict application of the applicable development standard creates an unnecessary, involuntarily-created hardship, or unreasonable regulation that makes it obviously impractical to require compliance with the development standards.
3. The Variance is necessary for the preservation and enjoyment of substantial property rights, possessed by other property owners in the same vicinity and zoning district, and denied to the property owner for which the Variance is sought.
4. The project is consistent with the General Plan and complies with all other applicable provisions of this Title.
5. Approval of the Variance would not be detrimental to the public health, interest, safety, or general welfare, and would not be detrimental or injurious to property or improvements in the vicinity and in the same zoning district.
C. Reasonable Accommodation Findings.
The Director shall record the decision in writing with the findings on which the decision is based. The Reasonable Accommodation may be approved with or without conditions only after making all of the following findings:
1. The dwelling, which is the subject of the request for reasonable accommodation will be used by an individual with a disability.
2. The requested accommodation is necessary to make the dwelling available to an individual with a disability.
3. There is no reasonable alternative accommodation that will comply or come closer to complying with the development standards of this Title.
4. The requested accommodation will not negatively impact surrounding uses or properties.
5. Approval of the reasonable accommodation would not be detrimental to the public health, interest, safety, or general welfare and would not be detrimental or injurious to property or improvements in the vicinity and in the same zoning district.
(Ord. No. 2005-007 § 1 (part); Ord. No. 2013-008 § 3 (part))