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Upon proper application by the affected property owner to the city’s hearing examiner, pursuant to the provisions of the Auburn City Code (ACC), and following a public hearing on the application, the hearing examiner may grant an exception from the requirements of this chapter when undue hardship may be created as a result of strict compliance with the provisions of this chapter. In deciding any exception, the hearing examiner may prescribe conditions that they deem necessary to or desirable for the public interest. No exceptions shall be granted unless the hearing examiner finds that:

A. There are special physical circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use or development of their land; and

B. The exception is necessary to insure such property the rights and privileges enjoyed by other properties in the vicinity and under similar circumstances; and

C. The granting of the exception will not be detrimental to the public health, safety and welfare or injurious to the property in the vicinity. (Ord. 5746 § 1, 2003.)