[Ord. No. 489 Art. III §3.1, 8-19-1997]
Pursuant to the authority conferred by the laws of the State of Missouri, the Planning and Zoning Commission of Reeds Spring, Missouri, hereinafter referred to as the Commission, is hereby designated as the administrative body charged with the duty of making investigations, recommendations and determinations regarding the platting and subdivision of land and public improvements within the City of Reeds Spring.
[Ord. No. 489 Art. III §3.2, 8-19-1997]
Unless otherwise specifically provided in this Chapter, in acting upon requests for subdivision plat approval and offers of dedication, and in considering amendments to this Chapter, the Board of Aldermen shall follow regular, voting and other requirements as set forth in other provisions of the City Code or general law.
[Ord. No. 489 Art. III §3.3, 8-19-1997]
A. 
The Commission, when acting upon applications for preliminary plat or minor subdivision approval, shall have the power to grant such variances from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this Chapter, if the literal enforcement of one (1) or more provisions of the Chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question. The Commission shall not recommend a variance unless it is found that:
1. 
The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
2. 
The conditions upon which the request for a variance is based are unique to the property in question and are not applicable generally to other property.
3. 
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, an undue hardship to the owner would result, as distinguished from a mere inconvenience, if the literal enforcement of these regulations is carried out.
4. 
The hardship relates to the applicant's land, rather than personal circumstances.
5. 
The hardship is not the result of the applicant's own actions.
6. 
The variance will not in any manner conflict with the general purpose and intent of the Development Codes, nor vary the provisions of any other applicable ordinance.
B. 
In recommending variances, the Commission may require such conditions as in its judgment will secure substantially the objectives and requirements of this Chapter.
C. 
A petition for any variance shall be submitted in writing by the applicant at the time when the preliminary plat or minor subdivision final plat is filed for consideration by the Commission. The petition shall state fully the variance requested, the reason and all of the facts relied upon by the applicant in requesting the variance.
D. 
The Commission shall maintain accurate records of all findings, decisions and recommendations pertaining to petitions for variances and shall transmit in writing to the applicant the decision of the Commission.
E. 
The Board of Aldermen shall review requests for variances only upon an appeal by the applicant from a denial of a variance request determined by the Commission and only upon the written record made by the Commission. An appeal to the Board of Aldermen shall be filed in writing by the applicant within thirty (30) working days of the decision of the Commission.