Before any variance can be granted, the Board shall make findings of fact based upon evidence produced at a public hearing setting forth and showing that the following circumstances exist:
(A) In considering all proposed variances to the ordinance, the Board shall, before making any findings in a specified case, first determine that the proposed variance will not amount to a change in the use of the property to a use which is not permitted within the district;
(B) That special conditions and circumstances exist which are peculiar to the land such as size, shape, topography or location, not applicable to other lands in the same district and that literal interpretation of the provision of this title would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the same district under the terms of this title;
(C) That the special conditions and circumstances do not result from the actions of the applicant;
(D) That granting the variance requested will not confer a special privilege to the subject property that is denied other lands in the same district;
(E) That granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated;
(F) The Board of Adjustment shall further make a finding that the reasons set forth in the application of appeal justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land;
(G) The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and
(H) The fact that property may be utilized more profitably will not be the sole element of consideration before the Board of Adjustment.
(Prior Code, § 11.01.280.070) (Ord. 162, passed 10-17-2016; Ord. 2021-15, passed 12-20-2021)