A variance to the provisions of this article shall be considered an exception to the regulations, rather than a right. The city may authorize a variance from the subdivision regulations when, in its opinion, undue hardship will result from requiring strict compliance. Any person who wishes to receive a variance shall apply to the city with a list of, and a detailed justification, for each variance requested. The decision of the city whether to grant or deny a variance is at its complete discretion, and will be final.
(Ordinance 07-09-18F, sec. XII(a), adopted 9/18/07)
(a) 
In granting a variance or waiver, city council shall prescribe only conditions that it deems necessary or desirable to the public interest while making the findings. City council shall take into account the nature of the proposed use of land involved and existing uses of the land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the effect of such variance or waiver upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance or waiver shall be granted unless city council finds:
(1) 
That there are special circumstances or conditions affecting the land involved or other constraints such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of their land; and
(2) 
That the variance or waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant, and that the granting of the variance or waiver will not be detrimental to the public health, safety or welfare or injurious to other property in the area; and
(3) 
That the granting of the variance or waiver will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this article.
(b) 
Variances and waivers may be granted only when in harmony with the general purpose and intent of this article so that the public health, safety and welfare may be secured and substantial justice done. Financial hardship to the owner, standing alone, shall not be deemed to constitute undue hardship.
(c) 
A variance or waiver may be applied for as part of a plat or replat request or as a separate request if the property is already platted. The applicant shall be responsible for providing all necessary information pertinent to the request, including the justification for such variance or waiver.
(Ordinance 07-09-18F, sec. XII(b), adopted 9/18/07)