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A variance shall be granted by the city only if an applicant demonstrates all of the following:

A. The strict enforcement of the provisions of this title or Bothell Standards creates an unreasonable hardship to the property owner;

B. The variance is reasonable 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 the Bothell Standards 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 public health or safety hazards;

F. The variance does not relieve an applicant from any of the procedural provisions of this title or Bothell Standards;

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 relieve the applicant of the unreasonable hardship;

I. The variance from public works engineering standards or site improvement 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 Regulations, Chapter 14.04 BMC, and the shoreline master program, except as provided therein; and

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

1. Strict application of the standards precludes a reasonable allowable use of the subject property; and

2. The public rights of navigation and use of the shoreline shall not be adversely affected. (Ord. 1633 § 1, 1996).