A.
The
City Council may authorize a conditional variance from the regulations
set out in this title when, in its opinion, undue hardship may result
from strict compliance. In granting any variance, the Council shall
prescribe only conditions that it deems necessary to or desirable
for the public interest, and which have a direct relation to the granting
of the variance. In making its findings, as required herein below,
the City Council shall take into account the nature of the proposed
use of land and the existing use of land in the vicinity, the number
of persons to reside or work in the proposed subdivision, and the
probable effect of the proposed subdivision upon traffic conditions
in the vicinity.
B.
No
variance shall be granted unless the City Council finds:
1.
That
there are special and unique circumstances or conditions affecting
the property such that the strict application of the provisions of
this title would deprive the applicant of the reasonable use of his
or her land. Special circumstances may include, but shall not be limited
to, unusual shape or limited size of original parcel, extreme topography,
unusual drainage problems, or design difficulties created by the pattern
of existing recorded subdivisions of contiguous properties;
2.
That
the variance is necessary for the preservation and enjoyment of a
substantial property right of the petitioner;
3.
That
the granting of the variance will not be detrimental to the public
welfare, or injurious to other property in the territory in which
the property is situated, and will not alter the essential character
of the neighborhood.
(Ord. 142 Art. 5 §1, 1974)
The City Council may authorize temporary variances from the
requirements of this title, subject to conditions which shall assure,
as a matter of law, full compliance with the requirements of this
title within a reasonable period of time. Such conditions may include,
but shall not be limited to:
A.
Irrevocable
offers of dedication of road rights-of-way;
B.
The
posting of bonds to assure compliance with any provision of this title;
and
C.
The
condition that the applicant and his or her successors in title shall
limit or abstain from requesting certain further actions of the City
that he or she might otherwise be entitled to with respect to the
property.
(Ord. 142 Art. 5 §2, 1974)
