§ 6.04.6225. Findings.

Following a public hearing, the director shall record the decision in writing and shall recite the findings upon which the decision is based, in compliance with state law (Government Code Section 65906 or as this section may be amended/replaced from time to time). The director may approve and/or modify an application in whole or in part, with conditions, only if all of the following findings are made:

1.

That there are special circumstances applicable to the property, including location, shape, size, surroundings or topography so that the strict application of this ordinance denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;

2.

That granting the minor variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and unavailable to the property for which the minor variance is sought;

3.

That granting the minor variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

4.

That granting the minor variance does not constitute a special privilege inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located;

5.

That granting the minor variance does not result in an adjustment which would exceed twenty-five percent of the standard(s) being varied, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

6.

That granting the minor variance will not be inconsistent with the general plan.