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In order for a plat variance to be recommended by the hearing examiner and approved by the council, it must be determined that all or some of the following apply:

A. There are special topographic physical and/or other conditions affecting the property that are not common to all property in the area;

B. Hardship, as distinguished from mere inconvenience, would result from strict compliance with the standards of this title;

C. A variance complies with the spirit and intent of this title and will not be detrimental to the public health, safety, or welfare or injurious to other property in the vicinity;

D. A variance will not have the effect of nullifying the spirit and intent of the comprehensive plan, zoning ordinance, and/or any other land use regulation adopted by the city; and

E. In the case of a variance to sidewalk standards, adequate provision nevertheless will be made for pedestrian movement and safety. (Ord. 2463 § 11, 2003; Ord. 1314 § 11, 1983)