The Commission may authorize a variance from these regulations
when, in its opinion undue hardship will result from requiring strict
compliance. A variance includes an adjustment, offset, credit or waiver
of any dedication, construction, or payment requirements where the
requirement places an unreasonable burden on the development or does
not bear a rough proportionality to the requirements necessary to
serve the development. In granting a variance, the Commission may
prescribe conditions that it deems necessary to or desirable in the
public interest. In making the findings required in this section,
the Commission shall take into account the nature of the proposed
use of the land involved, existing uses of land in the vicinity, the
number of persons who will reside or work in the proposed subdivision,
and the probable effect of such variance upon traffic conditions and
upon the public health, safety, convenience and welfare in the vicinity.
No variance shall be granted unless the Commission finds:
A.
The requirement
places an unreasonable burden on the development and does not bear
a rough proportionality to the requirements necessary to serve the
development; or
B.
That there
are special circumstances or conditions affecting the land such that
the strict application of the provisions of this Ordinance would deprive
the developer of the reasonable use of his land; and that the variance
is necessary for the preservation and enjoyment of a substantial property
right of the developer; and that the granting of the variance will
not be detrimental to the public health, safety or welfare, or injurious
to other property in the area; and that the granting of the variance
will not have the effect of preventing the orderly subdivision of
other land in the area in accordance with the provisions of this Ordinance.
(Ordinance O-2003-02 adopted 2/4/03)
Such findings of the Commission, together with the specific
facts upon which such findings are based, shall be incorporated into
the official minutes of the Commission meetings at which such variance
is granted. Variances may be granted only when in harmony with the
general purpose and intent of this Ordinance so that the public health,
safety and welfare may be secured and substantial justice done. Pecuniary
hardship to the developer, standing alone, shall not be deemed to
constitute undue hardship.
(Ordinance O-2003-02 adopted 2/4/03)
The Commission may authorize the construction of County Specification
Streets within the extraterritorial jurisdiction (ETJ) if it finds:
A.
The area
in question is not included in the City’s current annexation
plan;
B.
The Commission
has no reasonable expectation of adding the area in question to the
annexation plan;
C.
The City
finds County Specification Streets adequate for the anticipated traffic
load; and
D.
The City
finds the drainage plan for the area in question adequate to protect
the surrounding properties.
(Ordinance O-2003-02 adopted 2/4/03)
