OAR 125-125-0524: Criteria and Authority to Permit Divergence from Area Plan Design Standards

The Commission may grant variance from the provisions contained in Area Plans imposed on a particular subject property under this rule which is reasonably necessary to permit development of an otherwise lawful use upon the finding that the following criteria is met: (1) The property and proposed improvements are challenged by unusual topographic, environmental, functional, or aesthetic circumstances; and (2) The proposed alternative achieves the purposes of the design standards contained in the Area Plan as well or better than a compliant alternative; and (3) There are special conditions applying to the land, buildings, or use referred to in the application, which do not apply generally to land, buildings, or uses in the same area, and which create unreasonable hardships or practical difficulties which can be most effectively relieved by a variance; and (4) The purely economic interests of the agency shall not in itself constitute such special conditions. The potential for economic development of the subject property itself may, however, be considered among the factors specified in this section; and (5) Granting a variance will not, under the circumstances of the particular case, unreasonably affect the health or safety of persons working, residing or visiting in the neighborhood of the subject property; and (6) Granting a variance will be consistent with the Area Plan.