The Council may authorize a variance from these regulations
when, in its opinion, undue hardship will result from requiring strict
compliance. In granting a variance, the Council shall prescribe only
conditions that it deems necessary to, or desirable in, the public
interest. In making the findings hereinbelow required, the Council
shall take into account the nature of the proposed use of the land
involved, existing use 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 Council finds:
That there are special circumstances or conditions affecting
the land involved such that the strict application of the provisions
of these Rules & Regulations would deprive the applicant of the
reasonable use of his land; and
(Ordinance 1219062 adopted 12/19/06)
That the variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant; and
(Ordinance 1219062 adopted 12/19/06)
That the granting of a variance will not be detrimental to the
public health, safety or welfare, or injurious to other property in
the area; and
(Ordinance 1219062 adopted 12/19/06)
That the granting of a variance will not have the effect of
preventing the orderly subdivision of other land in the area in accordance
with the provisions of the Rules & Regulations.
Such findings of the Council together with the specific facts
upon which such findings are found shall be incorporated into the
official minutes of the Council meeting at which such variance is
granted. Variances may be granted only when in harmony with the general
purpose and intent of these Rules & Regulations. Monetary hardship
to the subdivider, standing alone, shall not be deemed to constitute
undue hardship.
(Ordinance 1219062 adopted 12/19/06)
