17.195.050 Approval or denial.
After the public hearing described in KIBC 17.195.040, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission.
A. Approval. If it is the finding of the commission, after consideration of staff’s report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted:
1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district;
2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship;
3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public’s health, safety or general welfare;
4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan;
5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and
6. That granting the variance will not permit a prohibited land use in the district involved.
B. Denial. If the commission finds, after consideration of staff’s report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. [Ord. FY2018-14 §2, 2018; Ord. 83-40-O §3, 1983. Formerly §17.66.050].