Upon appeal in specific cases, the Hearing Officer shall authorize such variances from the terms of this Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Code would result in unnecessary hardship. A variance shall not be granted by the Hearing Officer unless and until:
A. A written application for variance is submitted demonstrating:
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 same district; and,
2. That literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed under the terms of this Code by other properties in the same district; and,
3. That the alleged hardships caused by literal interpretation of the provisions of this Code do not result from the actions of the applicant; and,
4. That granting the variance requested will not confer upon the applicant any special privilege that is denied by this Code to other lands, structures or buildings in the same district; and,
5. That granting the variance requested will not interfere or injure the rights of other properties in the same district.
B. A public hearing has been held.
C. The Hearing Officer finds that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of land, building or structure.
D. The Hearing Officer finds that granting of the variance will be in harmony with the general purpose and intent of this Code and the General Plan and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(Ord. 2005-003, passed 1-13-05)