A.
The Common Council may grant a variance upon receiving
a report from the Plan Commission in any particular case where the
subdivider can show that by reason of exceptional topography or other
physical conditions the strict compliance with these regulations could
cause an exceptional and undue hardship on the enjoyment of a substantial
property right, provided that such relief may be granted without detriment
to the public welfare and without impairing the intent and purpose
of these regulations.
B.
Application for any such variance shall be made in
writing by the subdivider at the time when the preliminary plat is
filed for consideration, stating fully all facts relied upon by the
petitioner, and shall be supplemented with maps, plans, or other additional
data which may aid the Plan Commission in the analysis of the proposed
project. The plans for such development shall include such covenants,
restrictions or other legal provisions necessary to guarantee the
full achievement of the plan.
C.
Any variance or modification thus granted shall be
recorded in resolution form and entered in the minutes of the Common
Council setting forth the reasons which justified the action.
D.
In granting variances and modifications, the Common
Council may require such conditions as will in its judgment secure
substantially the objective of the standards or requirements so varied
or modified.
In cases where a land division is part of a
planned unit development for which a specific implementation plan
containing revised design standards is approved by the Plan Commission
and Common Council and recorded with the Columbia County Register
of Deeds, the waiver of, or variance in, the design standards required
by this chapter shall be considered to have been granted.
Decisions of the Plan Commission based on this
chapter may be appealed to the Common Council.
