The Planning and Building Department shall prepare a report on the minor deviation application and shall review the following findings in regards to the minor deviation:
(A) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, where the strict application of this title deprives the property of privileges enjoyed by other property in the vicinity or other properties that have the same district classification;
(B) That granting the minor deviation is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or other properties that have the same district classification;
(C) That granting the minor deviation will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and district in which the property is located; and
(D) That granting the minor deviation does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the property is located.
(1995 Code, § 10.132.040) (Ord. 00-1854, passed - -2000)