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A. Before any variance is granted, the Hearing Examiner shall find that the following circumstances exist:

1. That the proposed variance will not amount to a rezone or constitute a change in the district boundaries shown on the official zoning map;

2. That because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property the variance is necessary to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located;

3. That the special conditions and circumstances do not result from the actions of the applicant;

4. That granting of the variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property is located;

5. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; and

6. That the variance is the minimum variance necessary to provide the rights and privileges described above. [Ord. 726 § 2 (Exh. B), 2019.]