A. The strict enforcement of the provisions of this title and, when applicable, the shoreline master program, creates an unnecessary hardship to the property owner;

B. The variance is necessary because of the unique size, shape, topography, or location of the subject property;

C. The subject property is deprived, by provisions of this title or, when applicable, the shoreline master program, of rights and privileges enjoyed by other properties in the vicinity and under an identical zone;

D. The need for the variance is not the result of deliberate actions of the applicant or property owner;

E. The variance does not create health and safety hazards or result in lowering of public capital facilities levels of service below the standards and guidelines set forth in the Imagine Bothell... Comprehensive Plan;

F. The variance does not relieve an applicant from any of the procedural provisions of this title or, when applicable, those in the shoreline master program;

G. The variance does not allow establishment of a use that is not otherwise permitted in the zone in which the proposal is located;

H. The variance is the minimum necessary to grant relief to the applicant;

I. The variance from setback or building height requirements does not infringe upon or interfere with easement or covenant rights or responsibilities;

J. The variance does not relieve an applicant from the provisions of the critical areas ordinance, except as provided therein; and

K. In the case of a waterward shoreline variance, the following additional criteria are met: