(1) That because of special circumstances applicable to subject property including size, shape, topography and location, the strict application of this regulation would deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and within the same zone as set forth in the official zoning map;

(2) That the granting of the variances will not be materially detrimental to the public health or injurious to property or improvements thereon;

(3) That the granting of the variance will not materially compromise the goals and policies of the Comprehensive Plan or the spirit of this regulation; and

(4) That approval of the variance will not constitute a grant of special privilege.

The Hearing Examiner shall approve of the variance request if it finds that all of the above circumstances apply to the request. Upon approval by the Hearing Examiner of any variance, the Hearing Examiner may attach such conditions including, but not limited to, those specified in CCC 33.27.040(2) to its approval as will assure that the development will conform to the spirit and intent of this regulation and the County Comprehensive Plan and be compatible with adjacent land uses.