§ 20.100.1320. Findings.

A.

Development variance. Neither the director, nor the planning commission on appeal, shall grant a development variance, except for fencing, unless it is found that:

1.

Because of special circumstances uniquely applicable to the subject property, including (but not limited to) size, shape, topography, location, or surroundings, but expressly excluding any consideration of:

a.

The personal circumstances of the petitioner; or

b.

Any changes in the size or shape of the subject property made or occurring while the subject property was situate in the zoning district in which it is situated at the time of the filing of the petition, regardless of whether such changes were caused by the petitioner or his predecessors in interest, the strict application of the requirements and regulations prescribed in this title and referred to in Section 20.100.1300A., deprives such property of privileges enjoyed by other property in the vicinity of and in the same zoning district as the subject property; and

2.

The variance, subject to such conditions as may be imposed thereon, will not impair:

a.

The utility or value of adjacent property or the general welfare of the neighborhood; and

b.

The integrity and character of the zoning district in which the subject property is situated.

B.

Fence variance. Neither the director, nor the planning commission on appeal, shall grant a fence variance unless it is found that:

1.

Because of special circumstances uniquely applicable to the subject property, the strict application of the requirements and regulations prescribed in Part 6 of Chapter 20.30 of the title deprives such property of privileges enjoyed by other property in the vicinity of and in the same zoning district as the subject property. The special circumstances to be considered include, but are not limited to, size, shape, topography, location or surroundings of the subject property.

a.

In the case of a corner lot, special circumstances to be considered under the subsection above include the fact that the legal front lot line of the corner lot does not serve as the actual front entry into the residence.

b.

The fence variance for a side corner lot shall not be granted unless it is found that the fence variance will not result in an adverse impact upon the neighboring properties any differently than if the side corner lot line were the actual front lot line.

2.

The fence variance, subject to such conditions as may be imposed thereon:

a.

Will not substantially impair the utility or value of adjacent property or the general welfare of the neighborhood; and

b.

Will not substantially impair the integrity and character of the zoning district in which the subject property is situated.

C.

Development exception. Neither the director, nor the planning commission on appeal, shall grant a development exception unless it is found that the exception, subject to such conditions as may be imposed thereon, will not impair:

1.

The utility or value of adjacent property or the general welfare of the neighborhood; and

2.

The integrity and character of the zoning district in which the subject property is situated.

(Ords. 26248, 29217.)