A variance request (major or minor) shall not be approved unless a finding is made by the City Council that failure to grant the variance will result in practical difficulties.
A. "Practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by this title and include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
B. The applicant for variance shall also demonstrate that the request satisfies the following criteria:
1. That the variance would be consistent with the Comprehensive Plan.
2. That the variance would be in harmony with the general purposes and intent of this title.
3. That the plight of the landowner is due to circumstances unique to the property not created by the current or any previous landowner.
4. That the purpose of the variance is not exclusively an economic consideration.
5. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located.
6. That the requested variance is the minimum action required to eliminate the practical difficulty.
C. Variances may not be approved for any use that is not allowed under this title for property in the zoning district where the land is located.
D. The Planning Commission, in the case of a major variance, and based upon a report and recommendation by the City staff, shall have the power to advise and recommend such conditions related to the variance regarding the location, structure, or use as it may deem advisable in the interest of the intent and purpose of this chapter.
E. The City Council shall, in granting any variance under the provisions of this chapter, designate any conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provisions to which the variance is granted, as to light, air, and the public health, safety, comfort, convenience and general welfare. (Prior Code § 20-6-3)