A. Notice Of Hearing: The planning and zoning commission shall hold a public hearing upon the application for a variance. Written notices concerning hearings on applications for variances shall be mailed to the owners of property and occupants of the property within a distance of three hundred feet (300') of the exterior boundaries not less than seven (7) days before the date of the public hearing. A public notice shall be printed in the official newspaper at least three (3) days prior to the hearing. The notice shall set forth the person requesting the variance, the legal description of the property, the street address, if applicable, any other pertinent information, and the date, time and place of the public hearing.
B. Criteria For Approval: Before it may grant a variance, the following qualifications must be shown relative to the property or properties involved in the application for such variance, and the planning commission's approval in connection with any such application shall contain written findings of fact showing wherein the following conditions exist, that:
1. Because of the special circumstances or unusual hardships applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications.
2. Publication: A public notice shall be printed in the official town newspaper at least three (3) days prior to the hearing.
3. The granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the zone and vicinity in which the property is located.
4. The granting of the variance will not adversely affect the comprehensive general plan.
5. An on site inspection shall have been made by the commission or its authorized representative.
C. Grant/Denial: From the facts presented with the application at the public hearing, the planning and zoning commission may grant the requested variance in whole or in part. If the findings cannot be made, such application shall be denied.
D. Vote Required: Every action or decision of the planning and zoning commission authorizing a variance from the regulations established in this title shall be adopted by an affirmative vote of not less than a majority of the members attending and voting at a meeting of the planning and zoning commission at which there is a quorum present, setting forth the written findings of fact required by subsection B of this section. (1987 Code § 17.68.030; amd. Ord. 2019-12, 12-19-2019)