The Planning Commission may authorize a variance from these
regulations when, in its opinion, undue hardship may result from strict
compliance. In granting any variance, the Planning Commission shall
prescribe only conditions that it deems necessary to or desirable
for the public interest. In making its findings, as required herein
below, the Planning Commission shall take into account the nature
of the proposed use of land and the existing use of land in the vicinity,
the number of persons to reside or work in the proposed subdivision
and the probable effect of the proposed subdivision upon traffic conditions
in the vicinity. No variance shall be granted unless the Planning
Commission finds:
A.
That there are special circumstances or conditions affecting said
property such that the strict application of the provisions of this
chapter would deprive the applicant of the reasonable use of his land.
B.
That the variance is necessary for the preservation and enjoyment
of a substantial property right of the petitioner.
C.
That the granting of the variance will not be detrimental to the
public welfare or injurious to other property in the territory in
which said property is situated.
Application for any such variance shall be submitted in writing
by the subdivider at the time when the preliminary plat is filed for
the consideration of the Planning Commission. The application shall
state fully the grounds for the application and all the facts relied
upon by the subdivider.
The granting of variances by the Planning Commission shall be
conditional and subject to the final approval of Council.
