[Ord. No. 7856 § 1, 12-1-2008]
A.
Where undue hardships or practical difficulties may result
from strict compliance with this Chapter, the developer may petition
for a variance. Staff may recommend, and the Council may approve,
variances so that substantial justice may be done and the public interest
secured; provided, that any such variance shall not have the effect
of nullifying the intent and purpose of this Chapter; and further
provided, that the Council shall not grant variances unless they find
and determine 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.
2.
The conditions upon which the request for a variance
is based are unique to the property for which the variance is sought,
are not applicable generally to other property, and are not self-imposed.
3.
Because of the particular physical surroundings,
shape or topographical conditions of the specific property involved,
a particular hardship to the owner would result, as distinguished
from a mere inconvenience, if this Chapter was strictly interpreted
and carried out.
[Ord. No. 7856 § 1, 12-1-2008]
In recommending variances and exceptions, staff may recommend
and the Council may require such conditions as will, in the judgment
of each, secure substantially the objectives of the standards or requirements
of this Chapter.
[Ord. No. 7856 § 1, 12-1-2008]
A petition for a variance shall be submitted at the time of
filing for a preliminary plat or for application for a building permit.
The petition shall state fully the grounds for the request and all
facts relied upon by the practitioner.
