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No variance shall be granted unless it is found that:

A. There are special circumstances relating to the size, shape, topography, location, or surroundings of the subject property that do not similarly exist with regard to other properties in the vicinity and in the same land use designation in which the subject property is located; and

B. The variance is necessary to preserve and/or enjoy a substantial property right, which others in the vicinity and in the same land use designation have but because of special circumstance is denied to the subject property; and

C. The variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and designation in which the subject property is situated; and

D. The granted variance will not be in conflict with the Comprehensive Plan. (Ord. 2082, 2005)

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