Sec. 153.948 - Findings for variances.

(A)

The Planning Commission shall make the following findings when granting variances:

(1)

That because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this chapter will deprive the applicant of privileges enjoyed by other properties in the vicinity and under the identical district classification;

(2)

That the variance or adjustment will not constitute a grant of special privilege, is consistent with the limitations upon other properties in the vicinity and under the identical district classification, and is consistent with the objectives of this chapter:

(3)

That the strict application of this chapter would result in practical difficulty or unnecessary physical hardship which is not of the applicant's own making;

(4)

That the granting of the variance or adjustment will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated; and

(5)

That the granting of the variance will be consistent with the general purposes and objectives of this chapter and of the General Plan.

(B)

The Planning Commission shall deny a variance application if any one of such findings is negative. The Planning Commission may grant a modified variance if necessary to make all of such findings.

(1975 Code, § 9-2.1108) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)