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The Planning Commission may hear facts from any person appearing and may consider written communications relative to the application. The Planning Commission shall, within 40 days from the close of hearing, return its decision unless an extension is granted by the Planning Commission for good cause or with the mutual consent of the applicant. The Planning Commission findings in granting a variance shall include the following determinations:

A. There are exceptional or extraordinary circumstances or conditions applying to the land, building, or use referred to in application, which circumstances or conditions do not apply generally to land, buildings, and/or uses in the same district.

B. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant.

C. The granting of such application will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. (Ord. 409, eff. 7/5/73; Prior code § 86216D)