The planning commission may recommend, upon appeal in specific cases, such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. A variance from the terms of this title shall not be recommended by the planning commission unless and until:
A. Application: A written application for a 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;
2. Proven hardship;
3. That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;
4. That the special conditions and circumstances do not result from the actions of the applicant;
5. That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings in the same district; and
6. That the variance is only for one or more of the following:
a. Reduction of area requirement not to exceed ten percent (10%) of the normal requirement,
b. Reduction of yard or setback requirement not to exceed twenty percent (20%) of the normal requirement,
c. Reduction of off-street parking requirement not to exceed ten percent (10%) of the normal requirement, and
d. Increase in height of structure not to exceed ten percent (10%) of the normal allowance;
7. That the variance is not a request on the part of the applicant to establish a land use or use of structure that is not presently permitted in the zone in which the property lies.
No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
B. Notice Of Hearing: Notice of public hearing shall be given the same as for amendments to this title.
C. Hearing: The public hearing shall be held. Any party may appear in person, or by agent or by attorney.
D. Commission Findings:
1. The planning commission shall make findings that all of the requirements set forth in this section have been met. If any, or all of the requirements are not met, the planning commission may not recommend the granting of a variance.
2. The planning commission shall further make a finding 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 the land, building, or structure.
3. The planning commission shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this title, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare, and will be in accordance with the letter and intent, of the master plan.
E. Appropriate Conditions And Safeguards: In recommending any variance, the planning commission, serving in an advisory capacity only, may prescribe appropriate conditions and safeguards in conformity with this title, subject to final approval by the city council. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this title and punishable under this title. (1973 Code § 17.68.010)