Variances and Zoning Appeals - 19.60

19.60.010 Variances
The planning and zoning commission acting as the board of zoning adjustments shall have the power to grant variances form the provisions of Chapter 19.32 Lots, Yards, and Building Heights of Title 19 Zoning in cases where, because of specific location, topography, shape, or size of the lot, the strict application of these provisions would cause exceptional practical difficulties or undue hardship to the property owner. A variance may be granted only if all the following conditions are found to exist:
  1. No use or use modification shall be authorized other than those permitted as a use-by-right in the zoning district;
  2. Conformance to the purposes and intent of the comprehensive plan, future land use, and ultimate development of the zoning district shall be upheld;
  3. The values and use of adjacent properties and their access to light and air will not be adversely affected;
  4. The hardship is peculiar, site-specific to the property, not created by the applicant, and cannot reasonably be corrected; 5. Substantial justice shall be done and that any relief granted shall not be arbitrary or discriminatory.