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.