[CC 2001 §16.32.010; Ord. No. Z-3-90F §1, 9-11-1997; Attachment §405.110(A),
9-11-1997]
When a subdivider can show that a provision of these regulations
would cause unnecessary hardship if strictly adhered to and when,
in the opinion of the Planning and Zoning Commission, because of topographical
or other conditions peculiar to the site, a departure may be made
without destroying the intent of such provision, the Commission may
recommend a variance or modification to the City Council. The subdivider
shall apply in writing for such variance or modification. Any variance
thus recommended shall be entered in writing in the minutes of the
Commission and the reasoning on which the departure was justified
shall be set forth. Any variance or modification authorized by the
City Council shall be made by resolution and a copy thereof shall
be attached and made a part of the final plan.
[CC 2001 §16.32.020; Ord. No. Z-3-90F §1, 9-11-1997; Attachment §405.110(B),
9-11-1997]
No variance shall be granted unless the Commission finds that
no detriment will be caused to the public welfare and no damage will
be caused to other public property in the area in which the property
for which the variance is requested is situated and that the variance
will not substantially impair the intent and purpose of this Article.