A variance from the terms of this title shall not be granted by the commission unless and until a written application for a variance is submitted to the planning and zoning administrator/building inspector and the planning and zoning commission, which application contains the following information:
A. Name, address and phone number of applicant(s);
B. Legal description of property;
C. Description of nature of variance requested; and
D. Names and addresses of property owners within three hundred feet (300') beyond the external boundaries of the land being considered;
E. A filing fee shall accompany the application;
F. A narrative statement demonstrating that the requested variance conforms to the following standards:
1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the zone;
2. That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of this code;
3. That special conditions and circumstances do not result from the actions of the applicant; and
4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same zone. A variance attaches to the realty and is transferable with the title to the property.
A variance shall not be granted unless the planning and zoning commission makes specific findings of fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standards and conditions have been met by the applicant. (Ord. 40, 4-9-1984; amd. 1996 Code)