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Variances from the standards of this title may be authorized by the City of Pasco Hearing Examiner in accordance with the procedures set forth in Chapter 2.50 PMC. The Hearing Examiner shall grant the variance only if the applicant demonstrates that the requested variance conforms to all of the criteria set forth as follows:

(1) That special conditions and circumstances exist which are peculiar to the land, the lot, or which are not applicable to other lands in the same district;

(2) That the special conditions and circumstances do not result from the actions of the applicant;

(3) That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties under the terms of this title;

(4) That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings under similar circumstances;

(5) That the granting of the variance is consistent with the general purpose and intent of this title and will not create significant adverse impacts to the associated critical areas or otherwise be detrimental to the public welfare; and

(6) That the granting of the variance is consistent with the general purpose and intent of the Pasco Comprehensive Plan.

(7) In granting any variance, the Hearing Examiner may prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this title.

(8) If the Hearing Examiner decides to grant the variance, the Examiner shall make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum necessary that will make possible the reasonable use of land, building, or structure.

(9) That the Hearing Examiner shall prescribe a time limit within which the action for which the variance is required shall begin or be completed or both. Failure to begin or complete such action within the time limit set shall void the variance.

An application for a variance shall be filed with the Department of Community and Economic Development. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application. [Ord. 4525 § 1, 2021; Ord. 3911 § 2, 2009; Code 1970 § 28.12.070.]