17.53.163 Variance Application.
When necessary, the commission may authorize conditional variances to the requirements of this chapter. The commission shall hold at least one public hearing on a variance application. Procedures for the public hearing shall be the same as those described in MMC 17.72.130. Public hearings for variances may be held simultaneously with tentative plan hearings when the same property is affected. Applications shall be made on forms provided by the planning department. Before a variance may be granted, the commission shall first determine that the following circumstances substantially exist:
A. That there are special conditions affecting the property that are not common to all property in the area;
B. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner and extraordinary hardship would result from strict compliance with these regulations because of the special circumstances or conditions affecting the property;
C. That the variance complies with the spirit and intent of these regulations and will not be detrimental to the public health, safety, or welfare or injurious to other property in the vicinity;
D. The variance requested is the minimum variance which would alleviate the hardship. (Ord. 4920 §4, 2010).