[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The City Commission may, on written application from the subdivider and after receipt of a recommendation from the Planning Commission, grant a variance from the provisions or requirements of this chapter. A public hearing shall be held by the Planning Commission prior to making its recommendation to the City Commission. Notice of this hearing shall be given in the same manner as is provided in the Michigan Zoning Enabling Act, Act 110 of PA 2006 (MCL 125.3101 et seq.), as amended, with respect to the adoption or amendment of a City Zoning Ordinance. No variance shall be recommended by the Planning Commission or granted by the City Commission unless there are the following findings by the Planning Commission and the City Commission:
(1) 
That there are such special circumstances or conditions affecting the property in question that strict application of the provisions or requirements of this chapter would clearly be impracticable or unreasonable;
(2) 
That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the area in which the subdivision is situated;
(3) 
That the variance will not violate the provisions of the Land Division Act;[1] and
[1]
Editor's Note: See MCL 560.101 et seq.
(4) 
That the variance will not have the effect of nullifying the interests and purposes of this chapter.
B. 
After the completion of the public hearing, the Planning Commission shall make a written recommendation to the City Commission which shall include its findings and specific reasons for its recommendation. On receipt of such written recommendation, the City Commission shall act to either grant or deny the variance.
A subdivider may request a variance of certain provisions or requirements of this chapter in the case of a planned unit development. Such request for a variance shall be considered and acted upon in the same manner as is provided in § 355-33 above. In making its recommendation to the City Commission, the Planning Commission shall consider whether the planned unit development provides adequate public spaces and includes provisions for efficient circulation, light and air, and other needs, the nature of the proposed use of land and existing use of land in the vicinity, the number of persons to reside or work in the proposed planned unit development, the probable effect of the proposed planned unit development upon traffic conditions in the vicinity, whether the proposed planned unit development will constitute a desirable and stable community development, and whether the proposed planned unit development will be in harmony with adjacent areas.