A variance may be granted to any numerical standard of this title, excluding housing density, only when unusual circumstances relating to the property cause undue hardship in the application of this title. The granting of such a variance shall be in the public interest. A variance shall be made only when all of the following conditions and facts exist:
A. 
There are special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that were not created by the applicant and do not apply generally to other property in the same vicinity or zone;
B. 
Such variance is necessary for the preservation and enjoyment of a substantial property right or use of the applicant possessed by the owners of other properties in the same vicinity or zone;
C. 
The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or zone in which property is located; and
D. 
The variance is the minimum necessary to grant relief to the applicant.
(Ord. 534 (2016) § 7(5) (App. E) (part), 2016; Ord. 550 (2018) § 28, 2018)
A request for a variance may be initiated by a property owner or his authorized agent by filing an application with the department. Applications for a variance shall be consistent with the review authority table found in Section 21.04.100 and contain the information required by the submittal requirements checklist established by the department as set forth in Section 21.04.160.
(Ord. 534 (2016) § 7(5) (App. E) (part), 2016; Ord. 550 (2018) § 29, 2018)
The director shall make an investigation of the application and shall prepare a report thereon. The report shall be transmitted to the applicant, representative(s) and hearing examiner in a manner consistent with Title 21 prior to the public hearing. The report shall also be made available for public inspection, at the department of community development, at least five working days prior to the public hearing.
(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)
Variance applications shall be considered by the hearing examiner at public hearing as provided for in Title 21. Public notice shall be given as provided for in Title 21.
(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)
The hearing examiner shall render a decision on the variance application as provided for in Title 21. The decision is final unless appealed.
(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)
The hearing examiner’s decision on a variance may be appealed as provided for in Title 21.
(Ord. 534 (2016) § 7(5) (App. E) (part), 2016)
In any case where a variance is granted under the terms of this title, no building or other permit shall be issued until after the end of the appeal period allowed to appeal the administrative and/or hearing examiner’s decision. An appeal of the decision shall automatically stay the issuance of a building or other permit until such appeal has been completed.
(Ord. 534 (2016) § 7(5) (App. E) (part), 2016; Ord. 587 (2020) § 9(1) (Att. 1) (part), 2020)
A variance shall become void four years after approval if no substantial construction or activity has taken place.
(Ord. 534 (2016) § 7(5) (App. E) (part), 2016; Ord. 550 (2018) § 30, 2018)