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It is hereby recognized that variance from strict application of this article may be necessary or desirable to better fit existing physical conditions, traffic conditions or land uses. The City Engineer with the concurrence of other applicable agencies is hereby authorized to grant, in writing, as a part of any permit issued by the Development Services Director, variances from the strict application of the provisions of this article, upon determining that any or all of the following conditions are present:

(a) The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in the City or is due to the nature of business and operations on the abutting property.

(b) The exception or variance desired is not against the public interest, safety, convenience and general welfare.

(c) The granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants.

(d) The strict application of the provisions of this article will work unnecessary hardship on the property owner or tenant. (Ord. 18916 § 11, 6-26-07. Code 1995 § 130-165.)

Cross References:City Engineer, TMC 2.20.100.