The commission or hearing examiner shall review the application for variance from this title and shall approve, conditionally approve or deny the variance application. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. Before any variance can be granted, the commission or hearing examiner must make all of the following findings:
A. The variance, when granted, will not conflict with, or cause or allow any situation which is in conflict with, any existing federal, state or local law, or which may result in injury to the public.
B. The variance, when granted, will not effect a change in zoning.
C. The variance, when granted, will not cause damage or significant negative impact to the property of others.
D. Without the variance, the property owner shall suffer undue hardship and will be substantially deprived, by ordinance, of the privileges legally enjoyed by property owners of property within the vicinity of the subject property. (Ord. 1191, 2015)