18.81.090   Administrative modification.
   A.   Quantifiable requirements of Section 18.81.020(B) Type 1 (grading sketch) permit applicability, Section 18.81.040 general grading performance standards, and Section 005 grading mitigation on the Grading Design Manual, may be modified up to a maximum of twenty percent by the county engineer when it is demonstrated that an unusual site or use condition exists and when such adjustment will not result in a danger to persons or property.
   B.   In determining whether to grant the adjustment, the county engineer shall follow the board of adjustment standards for granting variances set forth in Section 18.93.030(B), and enumerated below:
      1.   The strict application of the provision would work an unnecessary hardship;
      2.   The unnecessary hardship arises from a physical condition that is unusual or peculiar to the property and is not generally caused to other properties in the zone;
      3.   The unnecessary hardship does not arise from a condition created by an action of the owner of the property;
      4.   The variance is the minimum necessary to afford relief;
      5.   The variance does not allow a use which is not permitted in the zone by the code;
      6.   The variance is not granted solely to increase economic return from the property;
      7.   The variance will not cause injury to or adversely affect the rights of surrounding property owners and residents;
      8.   The variance is in harmony with the general intent and purposes of the code and the provision from which the variance is requested;
      9.   The variance does not violate state law or other provisions of Pima County ordinances;
      10.   No condition attached to the variance by the board is personal to the appellant.
(Ord. 1990-61 § 1 (part), 1990)