Where the commission finds that unreasonable hardships or difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these regulations so that substantial justice may be done and the public interest secured. A variance shall not be approved which would have the effect of nullifying the intent and purpose of these regulations. No variance shall be granted unless the commission finds that:
(1) 
There are special circumstances or conditions affecting the land involved such that the strict application of the provisions would deprive the applicant of the reasonable use of his land.
(2) 
The variance is necessary for the presentation and enjoyment of a substantial property right of the applicant.
(3) 
The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area.
(4) 
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 these regulations.
(Ordinance 20-06 adopted 7/30/20)
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 meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of these regulations so that the public health, safety and welfare may be secured and substantial justice done. Financial hardship to the subdivider shall not be deemed to constitute an undue hardship.
(Ordinance 20-06 adopted 7/30/20)
Any subdivision or subdivider aggrieved by a finding or action of the commission which is lawfully subject to review by the council shall appeal to the council within 90 days from the date of such finding or action, and not thereafter. Nothing in this section shall prevent a right of review by a court of competent jurisdiction.
(Ordinance 20-06 adopted 7/30/20)
The developer shall furnish all public works improvements required for normal development within the subdivision, including minor and secondary streets and alleys and all utilities, sanitary sewer and drainage facilities required to serve the area within the subdivision. The city may participate in the construction of major thoroughfares and the cost of installing larger utility, sanitary sewer and drainage facilities designed to serve a contributing area larger than the subdivision under consideration, in accordance with policies established by the council.
(Ordinance 20-06 adopted 7/30/20)