(A) Findings of Fact. Before making a determination on an application for variation, the decision maker shall develop findings of fact based upon the evidence presented in the hearing. These findings should detail the degree to which the applicant has established that the variation is necessary and should assist in clarifying any conditions or restrictions recommended as a result of this review process. The approval of a variation shall not be made unless the evidence presented is such to establish all of the following:
(1) That there are special circumstances or practical difficulties that exist that have created an undue hardship that is applicable only to the property involved.
(2) That the undue hardship was not created by the action or inaction of the applicant, owner of the property or any previous property owner.
(3) That the applicant cannot derive a reasonable use of the property without the variance.
(4) That the literal interpretations of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district.
(5) That the proposed variance represents the minimum necessary to make possible the reasonable use of the lot or structures.
(B) Final Determination. Once the findings are made the decision maker shall then make a final determination on the variance application. The decision maker shall make one of the following determinations: approval, conditional approval, or denial. The Zoning Administrator shall immediately notify the applicant of the decision and the findings and final determination shall be filed in the office of the Zoning Administrator.
(Ord. 8612, passed 12-2-08; Am. Ord. 8851, passed 12-18-12)