15.01.340 Review criteria.
A. Appeals of Administrative Decision. The Board of Adjustment’s scope of review regarding an appeal of an administrative decision shall be limited to determining whether the decision by the administrative officer was in accordance with the intent and requirements of this title. Accordingly, the Board of Adjustment will affirm or reverse the decision of the administrative officer.
B. Application for a Variance. A variance is not a property right. The Board of Adjustment may grant a variance to an applicant only if the applicant establishes that the applicant will suffer undue hardship from strict application of these regulations because of the characteristics of the site. The applicant must also demonstrate that the granting of the variance will not conflict with the intent of these regulations.
C. Variance Review Criteria. Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of enactment of this title, or by reason of exceptional topographic condition or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any zone district or special development regulation enacted under this title would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owners of such property, the Board of Adjustment may authorize a variance from strict application of these regulations so as to relieve such difficulties or hardship. In considering a variance application, the Board of Adjustment shall consider the degree to which:
1. Such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the comprehensive plan or this title;
2. There are exceptional conditions creating an undue hardship, applicable only to the property involved or the intended use thereof, which do not apply generally to the other land areas or uses within the same zone district, and such exceptional conditions or undue hardship was not created by the action or inaction of the applicant or appellant or owner of the property;
3. The granting of the variance will not be detrimental to the public health, safety or welfare;
4. The applicant and the owner of the property can reasonably use the property without a variance;
5. The variance will not be injurious to, or reduce the value of, the adjacent properties or improvements; and
6. The variance will be the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of the property. (Ord. 711 §1 (Exh. A), 2017)