The Stormwater Appeals Board, in hearing requests for a variance filed in accordance with the provisions of Section 919.28, shall not grant a variance in the application of any of the provisions of this chapter unless it finds all of the following:
(a) That the land is of such shape or size, is affected by such physical conditions or is subject to such title limitations of record, that it is impossible or impractical for the subdivider or developer to comply with all of the provisions of this chapter;
(b) That there are special circumstances or conditions, fully described in the City Engineer's findings, applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and do not apply generally in the City, that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land, and that the variance is the minimum variance that will accomplish this purpose;
(c) That the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or the City or otherwise be detrimental to the public health, safety and welfare;
(d) That the condition or situation of the specific piece of property for which a variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such condition or situation;
(e) That the special conditions or circumstances do not result from the actions of the petitioner; and
(f) That no permitted use of lands in other areas of the City is used as a ground for issuance of such a variance.
(Ord. A-1947. Passed 3-14-94.)