20.290.040 Approval Criteria.
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A. Type I Variance. The Planning Official may grant a Type I Variance upon demonstration by the applicant of compliance with all of the following approval criteria:
1. Unusual circumstances or conditions apply to the property and/or the intended use that do not apply generally to other property in the same vicinity or district;
2. The variance requested is the least necessary to relieve the unusual circumstances or conditions identified in Subsection (1) above.
3. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located.
B. Type II Variance. The Planning Official may grant a Type II Variance upon demonstration by the applicant of compliance with all of the following approval criteria:
1. Unusual circumstances or conditions apply to the property and/or the intended use that do not apply generally to other property in the same vicinity or district;
2. Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant such as is possessed by the owners of other properties in the same vicinity or district;
3. The variance requested is the least necessary to relieve the unusual circumstances or conditions identified in Subsection (1) above;
4. The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which property is located;
5. Any impacts resulting from the variance are mitigated to the extent practicable; and
6. If more than one variance is being requested, the cumulative effect of the variances results in a project that is still consistent with the overall purpose of the underlying zoning district. (Ord. M-3959 § 21, 07/19/2010; Ord. M-3840 § 14, 08/06/2007; Ord. M-3643, 01/26/2004)