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No deviation may be made from these regulations except with the written approval of the city engineer, with the right of appeal to the hearing examiner per Chapter 22.84 MMC. The following criteria shall be established as grounds for variance from the regulations set forth in this chapter:

A. The variance shall not constitute a grant of special privilege inconsistent with the uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located; and

B. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property in order 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; and

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

D. The authorization of such variance will not adversely affect the implementation of the comprehensive plan or the general intent of this chapter. (Ord. 003/2011 § 2; Ord. 003/2008 (Exh. B); Ord. 1128, 1998)