It is realized that there are certain parcels of land of such
dimension, subject to such title restrictions, so affected by physical
conditions and/or devoted to such use that it is impracticable for
the subdivider to conform to all the fore-going requirements when
subdividing property.
(Ord. 861 § 8.01, 1981)
The city council, (or, in minor subdivisions, the planning commission)
may grant exceptions from the foregoing requirements, when all the
following conditions are found to apply:
A.
Any
exception 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 limitations upon other
properties in the same vicinity.
B.
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.
C.
Under
the circumstances of this particular case the exception, rather than
the sections at issue in this title, actually carries out the spirit
and intent of this title.
(Ord. 861 § 8.02, 1981)
Adequate guarantee shall be provided to insure that any conditions
imposed as a part of any approved exception shall be carried out as
specified.
(Ord. 861 § 8.03, 1981)
