Where the Planning Commission finds that compliance with this chapter would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of topography, access, location, shape, size, drainage or other physical features of the site, the minimum requirements of the regulations may be modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this chapter.
Where the Planning Commission finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may, by specific resolution, waive such requirements subject to appropriate conditions.
In granting variances and modifications, the Planning Commission shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
In the event that at any time prior to final approval or final disapproval of any plat submitted the subdivider shall protest in writing to the Planning Commission any interpretation of the regulations it feels is erroneous or that any requirement of the Commission is burdensome, arbitrary or constitutes an undue hardship, the Commission will authorize the City Engineer to meet with the engineer for the subdivider, and the two so chosen shall pick a third person, and the two engineers and the third person shall make a decision which the Commission will follow.
The foregoing subsection shall not apply to any provisions of this chapter covered by specific regulations contained therein and is intended to apply only to rules of interpretation and matters of Commission discretion.
Before the City will authorize its Engineer to take any action in connection with this proceeding, the subdivider will pay to the Commission the reasonable expenses to be incurred, as estimated by its engineer, and in addition thereto an amount to be determined by the Commission, out of which they will pay any other expenses of the proceedings and return the balance, if any, to the subdivider.
Upon payment of such expenses, the City will forward in writing a copy of the protest to its Engineer and to the engineer of the subdivider, who shall immediately proceed, and the engineers and the third person so chosen by them shall file a determination with the Commission within 10 days of the date of the notice in writing to said engineers. In the event that no determination is filed within 10 days, the Commission shall proceed as if no protest has been made.
Any officer, department, board or bureau of the City with the approval of the Common Council, or any person or persons, jointly or severally aggrieved by any decision of the Planning Commission concerning a plat decision, may bring a proceeding to review in the manner provided by Article 78 of the Civil Practice Law and Rules.