17.36.020 Variance-Hardship finding.

A. Where the city council finds that extraordinary hardships or practical difficulties may result from strict compliance with this title, and/or the purpose of this title may be served to a greater extent by an alternative proposal, it may approve variances from this title. Such variances shall not have the effect of nullifying the intent and purpose of this title, and the city council shall not approve variances unless it makes findings based upon the evidence in each specific case that:
1. The granting of such variance(s) will not be detrimental to the public health, safety or general welfare or injurious to other adjoining properties;
2. The conditions on which the request for a variance(s) is based are unique to the property on which the variance is sought and are not applicable generally to other property;
3. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of this title is enforced;
4. The variance(s) will not cause a substantial increase in public costs; and
5. The variance(s) will not, in any manner, vary the provisions of any adopted zoning regulations, or the master plan.
B. An innovative energy-saving proposal which does not circumvent the purpose of this title may be reason for granting of the variance by the city council. The proposal shall include documentation of the energy savings. (Ord. 588 § 1(part), 1996)