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Before a variance may be granted, the Board of Zoning Appeals shall find that all of the following conditions have been met:

(a) That the variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district and is not created by an action of the property owner or the applicant;

(b) That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;

(c) That the strict application of the provisions of TMC Title 18, Division 4, of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

(d) That the variance desired will not adversely affect the public health, safety, morals, order, convenience, property or general welfare; and

(e) That granting the variance desired will not be opposed to the general spirit and intent of TMC Title 18, Division 4.

The secretary of the Board of Zoning Appeals shall cause all variances which are granted by the Board of Zoning Appeals to be filed of record with the Register of Deeds office, Shawnee County, Kansas. (Ord. 20206 § 78, 9-10-19; Ord. 18288 § 12, 7-13-04; Ord. 16754 § 29, 9-13-94. Code 1995 § 48-34.10. Formerly 2.45.110.)