A.   A variance is defined as a modification of the requirements on this title regarding lot size, lot coverage, lot width, lot depth, front yard, side yard, rear yard, setbacks, parking space and location, height of buildings, or other provisions affecting the size or shape of a structure or the placement of a structure upon lots, or the size of lots.

   B.   A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site, and only when the variance will not conflict with the public interest. (Ord. 2015-02, 4-20-2015)

   A.   Any person seeking a variance shall apply to the commission on a form provided by the Administrator, which shall be accompanied by the fees. This application shall include a map showing the lots and parcels of land within three hundred feet (300') of the exterior boundaries of the property in question, together with a list of the names and addresses of the owners of each parcel within the three hundred feet (300').

   B.   A variance application may be submitted and reviewed concurrently with other applications affecting the same piece of property, with the approval of the Administrator. Additional time for review of concurrent applications may be specified by the Administrator. Concurrent submissions will be voted on separately. (Ord. 2015-02, 4-20-2015)

Each application will be reviewed at a public hearing, for which adequate public notice will be given.

   A.   A completed application will be heard by the commission at a public hearing within forty five (45) days of its receipt.

   B.   Notice of the time, date and place of the hearing, and a summary of the proposal, shall be given by one publication in a newspaper of general circulation in the County at least fifteen (15) days prior to the hearing, and a second publication within the week immediately prior to the scheduled date.

   C.   The Administrator shall also give notice by United States mail to each property owner whose name appears on the list accompanying the application giving the time, date, and place of the hearing, the relief sought, the identification of the property under consideration, and such other facts as may be prescribed by the Administrator.

   D.   In any public hearing on a variance application, the presiding officer may order the hearing to be continued up to fifteen (15) days at the same place, in which case, no further published notice shall be required. (Ord. 2015-02, 4-20-2015)

The commission has the authority to grant variances and shall consider the following factors in ruling on a variance application:

   A.   Whether the granting of the variance will conflict with the public interest as expressed in the Bellevue Comprehensive Plan.

   B.   Whether there are exceptional conditions creating an undue hardship applicable only to the property involved or the intended use thereof which do not apply generally to the property or class of use in the zone or district.

   C.   Whether the granting of such relief will be detrimental to the public health, safety or welfare.

   D.   Whether the owner can derive a reasonable use of his land without a variance.

   E.   Whether the variance will effect a change in zoning.

   F.   Whether the variance will be injurious to the property or improvements of others. (Ord. 2015-02, 4-20-2015)

   A.   The commission shall enter an order approving, conditionally approving or disapproving the application within fifteen (15) days after conclusion of the public hearing, together with the reasons therefor. In acting upon such applications, the commission may specify that approval shall be contingent upon the acceptance of conditions it deems necessary to protect the general welfare and the rights of all affected property owners. The application shall be denied upon a finding by the commission that granting such relief will be detrimental to the public health, safety, or welfare.

   B.   The Administrator shall give the applicant written notice of the commission's decision by mail within ten (10) days after the commission has reached a decision. (Ord. 2015-02, 4-20-2015)

No application for a variance that has been denied by the commission or the Council or withdrawn by the applicant may be resubmitted within one year of the final date of action thereon. (Ord. 2015-02, 4-20-2015)

All variances shall expire one year after their issuance if a building permit has not been obtained for the purpose of exercising the variance. (Ord. 2015-02, 4-20-2015)