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Variances can be granted by the hearing examiner if the applicant proves to the hearing examiner that the following criteria are satisfied:

A. Because of special circumstances, not the result of the owner’s action, applicable to the subject property (including size, shape, topography, location, or surroundings), the strict application of the provisions of this title is found to deprive the property of rights and privileges enjoyed by other property in the area and under the identical land use classification; and

B. The granting of the variance will not be unduly detrimental to the public welfare nor injurious to the property or improvements in the vicinity and subarea in which the subject property is located.

C. The subject property cannot be reasonably used under the regulations as written. [Ord. 2002-10-069 § 48; Ord. 9024, 1982].