A. Unforeseen circumstances or conditions necessitate the extension of the variance; and

B. Termination of the variance would result in unreasonable hardship to the applicant, and the applicant is not responsible for the delay; and

C. The extension of the variance will not cause substantial detriment to existing uses in the immediate vicinity of the subject property.

D. Exception. Effective until June 1, 2010, the applicant or agent of record for any unexpired variance approval granted on or before the effective date of the ordinance codified in this section, or expired variance valid as of January 1, 2009, may submit a written application in the form of a letter with supporting documentation to the development and business services department requesting an additional one-time, one-year time extension. The extension for a currently unexpired variance shall be one year from the expiration date, for a total of two one-year extensions. The extension for an expired variance approval shall be valid for one year from the date of the retroactive extension approval. The hearing examiner shall make a decision using the criteria set forth for extensions in this section. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2824 § 8, 2010; Ord. 2441 § 9, 2003; Ord. 2020 § 13, 1994)