Section 17.36.080 Variances.

1. Applications for variances shall be filed in writing with the board by any private property interest.

2. Such application shall contain, minimally:

a. The name and address of the applicant and the applicant's interest in the subject property;

b. A description of that portion of the subject property for which a variance is sought;

c. A description of the variance sought;

d. Any other information and documentation as the board may deem necessary and appropriate to full and proper consideration in disposition of the application.

3. No variance shall be granted unless the applicant shall establish that carrying out the strict letter of a provision of this chapter or the rules and regulations promulgated thereunder would create unnecessary hardship. The applicant, in order to establish unnecessary hardship, must show that such variance, if granted:

a. Is not merely a special privilege;

b. Is due to the unique circumstances or physical condition of the applicant's property;

c. Alleviates an unreasonable or unjustifiable economic burden on the applicant.

4. A variance may be granted unless specifically prohibited. No variance other than the minimum variance necessary to alleviate or relieve the foregoing conditions shall be granted. Specific conditions and safeguards may be imposed by the board upon any variance granted.

5. No variance may be granted which provides for a minimum clearance of a skywalk corridor or skywalk bridge, as follows:

a. Over an alley: of less than fourteen feet over the highest point of the surface of such alley;

b. Over a street: of less than sixteen feet over the highest point of the surface of such street. (Ord. 84/T-3053)