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)