18.160.040 Required findings for granting a variance.
The planning commission shall not grant any variance unless all of the following findings are made:
A. There are exceptional or extraordinary circumstances or conditions applying to the property or intended use that do not apply generally to other properties in the same zone or vicinity and which result from lot sizes or shapes legally existing prior to the adoption of this chapter, topography, or other circumstances over which the applicant has no control;
B. The variance is necessary for the preservation of a property right of the applicant which is substantially the same as is possessed by the owners of other property in the same zone or vicinity;
C. The variance would not be detrimental to the purposes of this chapter, the objectives of any city development plan or policy, the goals, policies or text of the comprehensive plan, or other property in the zone or vicinity in which the property is located; and
D. The variance requested is the minimum variance from the provisions and standards of this chapter, which will alleviate the hardship.
In addition to the criteria in subsections (A) through (D) of this section, variances from access management standards are subject to the following additional standards:
E. The granting of the variance shall be in harmony with the purpose and intent of these regulations and shall not be considered until every feasible option for meeting access standards is explored.
F. Applicants for a variance must include proof that:
1. Indirect or restricted access cannot be obtained;
2. No practical engineering or construction solutions can be applied to mitigate the condition;
3. No alternative access is available from a street with a lower functional classification than the primary roadway. [Ord. 817 § 8-3L.440, 2006.]