A. Application: The applicant for a variance shall submit an application in writing to the city recorder. Such application shall describe the variance requested, and present all applicable information regarding measurements and uses and, in particular, shall state how each of the requirements for a variance is met.
B. Notice Of Hearing: The board of adjustment shall fix a reasonable time for hearing of the application, give public notice thereof, as well as due notice to the parties in interest, and shall hold the hearing and render a decision within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.
C. Conditions And Limitations: After due consideration of applicable facts and circumstances, the board of adjustment may grant a variance from the terms of a land use ordinance, provided all of the following conditions and limitations are met:
1. The variance will not be contrary to the public interest;
2. Owing to special conditions, a literal enforcement of the provisions of a land use ordinance will result in unnecessary hardships and difficulties;
3. The spirit of a land use ordinance will be observed;
4. Substantial justice shall be done;
5. The variance will not substantially affect the comprehensive plan of zoning in the city;
6. Special circumstances are attached to the property covered by the application which do not generally apply to the other property in the same district;
7. Because of special circumstances, property covered by the application is deprived of privileges possessed by other properties in the same district, and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district. Variances shall not be used to circumvent the provisions of a land use ordinance, or to grant benefits and advantages generally denied by a land use ordinance.
D. Vote Necessary: The concurring vote of three (3) members of the board shall be necessary for approval of a variance. (1991 Code § 2.44.060, as amended)