18.08.040 Criteria for approval.
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 the 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, 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 the 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 Area Regulations, Chapter 14.04 BMC, and the shoreline master program, except as provided therein;
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. 2365 § 5, 2021; Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).