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The Zoning Administrator shall grant a variance only when the following facts are found:

A. That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family or financial difficulties; loss of prospective profits; and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits;

B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors;

C. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this chapter or the public interest;

D. That the authorizing of such variance will not adversely affect the General Plan of the City or the adopted plan of any governmental agency;

E. That in the coastal zone, granting of variances is consistent with and implements the certified local coastal program, and that the granting of such variances does not reduce or in any way adversely affect the requirements to protect coastal resources as specified in the zones included in this title, and that the variance implements the purposes of the zones adopted in implementation of the local coastal program.

In the coastal zone, the Zoning Administrator may grant a variance to a regulation prescribed by this title only with respect to fences, walls, screening, or landscaping; site area, width, frontage or depth; front, rear, or side yards; basic floor area; height of structures; or distances between structures, courts or usable open space as the variance was applied for, or in modified form, if, on the basis of the application and the evidence submitted, the Zoning Administrator makes the following findings of fact that establish that the circumstances prescribed in subsections (A) through (C) of this section apply:

1. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the title deprives such property of privileges enjoyed by other property owners in the same land use classification in the coastal zone;

2. That the strict application of the specified provision would deprive the applicant of privileges enjoyed by the owners of other property classified in the same use classification in the coastal zone; and

3. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same use classification in the coastal zone. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Res. 11903, 1985; Ord. 1212 § 1, 1969; prior code § 33.1308(E)).