The city is aware that there are certain parcels of land of
such dimension so affected by physical conditions or devoted to such
use that it is impossible for the subdivider to conform to all the
foregoing requirements when subdividing property.
(Ord. 88-O-117 § 1, 1988)
The city council may grant variances from the foregoing requirements
when all the following conditions are found to apply:
(1)
That any variance granted shall be subject to such conditions as
will assure that the adjustment thereby authorized shall not constitute
a grant of special privilege inconsistent with the limitation upon
other properties in the same vicinity;
(2)
That because of special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, the strict
literal application of this title is found to deprive subject property
of privileges enjoyed by other properties in the vicinity;
(3)
That under the circumstances of this particular case the variance,
rather than the literal application of this title actually carries
out the spirit and intent of this title.
(Ord. 88-O-117 § 1, 1988)
