12.12.080 Variances authorized.
The city council may grant a variance from the provisions of these regulations. The city council shall only grant variances that it deems necessary, or which it finds desirable from the standpoint of public interest. In making its findings, as required in this section, the city council shall take into account the nature of the proposed use of the land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon conditions in the vicinity. No variance shall be granted unless the city council finds the following contained in subsections (A), (B) and (C) of this section:
A. That there are such circumstances or conditions affecting said property that the strict application of the provisions of this chapter would clearly be impractical, unreasonable or undesirable to the general public. In such cases, the subdivider shall first state his reasons in writing to the specific provision or requirement involved and submit them to the city council. The subdivider bears the burden of proof.
B. That the granting of the specific variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated.
C. That the granting of the specific variance will not have the effect of nullifying the intent and purpose of this title or the comprehensive plan.
D. The city council shall include its findings and the specific reasons for its action and shall also record its reasons and actions in its minutes. (Ord. 596 § 3, 2002; Ord. 255 § 3, 1982)