18.64.010 Authorization.
A. A variance from the dimensional standards of this title may be granted by the planning commission after reviewing the record made at the hearing and the findings, conclusions and recommendations of the planning department if it is shown that all the standards set out in subsection B of this section have been met. Any variance granted shall be the minimum variance that will make possible a use of the land or structure that is a principal permitted use or structure in the land use district. Nonconforming uses and violations which exist in any land use district will not set a precedent to be considered in evaluating grounds for any variance.
B. A variance may be granted only if it is shown that all of the following standards are met:
1. Special physical conditions exist which are peculiar to the land involved and which are not applicable to other land in the same district;
2. Strict application of the provisions of this title would deprive the applicant of all uses of the land permitted to other properties in the same district under the terms of this title;
3. The special conditions and circumstances do not result from the actions of the applicant or a predecessor in interest and such conditions and circumstances do not merely constitute financial hardship or inconvenience;
4. Granting the variance would be consistent with the intent and purpose of the comprehensive plan and BMC Titles 15, 16, and 18 and would not be injurious to the character of the neighborhood or otherwise detrimental to the public health, safety and welfare;
5. Granting the variance will not permit a land use that is not permitted in the land use district in which the property lies;
6. The variance granted is the minimum variance that will make possible a reasonable use of the land. [Ord. 01-05 § 8.]