(a)
The
planning commission may authorize a variance from these regulations
when, in its opinion, undue hardship will result from requiring strict
compliance. In granting a variance, the planning commission shall
prescribe only conditions that it deems necessary to or desirable
in the public interest. In making the findings hereinbelow required,
the planning commission shall take into account the nature of the
proposed use of the land involved, existing uses 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 planning commission finds:
(1)
That
there are special circumstances or conditions affecting the land involved
such that the strict application of the provisions of this article
would deprive the applicant of the reasonable use of his land.
(2)
That
the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
(3)
That
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)
That
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 this article. Such findings of the planning commission,
together with the specific facts upon which such findings are based,
shall be incorporated into the official minutes of the planning commission
meeting at which such variance is granted.
(b)
Variances
may be granted only when in harmony with the general purpose and intent
of this article so that the public health, safety, and welfare may
be secured and substantial justice done.
(c)
Pecuniary
hardship to the subdivider, standing alone, shall not be deemed to
constitute undue hardship.
(Ordinance 83-150-3, § 2(C),
adopted 7/26/1983)
