Any applicant may seek a subdivision improvement variance/deviation from the provisions listed in Chapter 17.18 EMC, General Design Standards, and Chapter 17.19 EMC, Specific Design Standards, where it appears that there exist extraordinary conditions of topography, access, location, shape, size, drainage or other physical features of the site or other adjacent development.
(Ord. 92-9 § 3, 1992)
A deviation from any requirements of Chapters 17.18 and 17.19 EMC may be requested. Deviations from other provisions of this title may not be applied for or granted.
(Ord. 92-9 § 3, 1992)
Any development which includes a request for one or more variances to the requirements of Chapters 17.18 and 17.19 EMC shall be accompanied by a statement setting forth in detail any such variance and the reasons therefor. The public works department shall not process any application not meeting the requirements of Chapters 17.18 and 17.19 EMC unless a variance has been concurrently requested.
(Ord. 92-9 § 3, 1992)
The planning commission may consider a subdivision improvement variance request prior to or concurrently with the land division or plan to which it applies. The planning commission shall act on all requested modifications prior to the town acting upon the plat or short plat to which they apply. The planning commission shall detail the findings with respect to requested variances and make recommendations to the town council. At no time shall the action on a variance be finalized until accompanied by the town's action on the land division or plan, or short plat, or vice versa, and the variance is approved by the town council.
(Ord. 92-9 § 3, 1992)
A. 
The main purpose of any subdivision improvement variance shall be to prevent discrimination. No variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity under similar circumstances. To grant a variance, the planning commission and town council shall determine whether the following conditions apply to the requested variance:
1. 
There are exceptional or extraordinary circumstances or conditions which apply to the land referred to in the application which do not apply generally to lands in the vicinity. These include, but are not limited to, size, shape, topography, location or surroundings;
2. 
The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner;
3. 
The granting of the application will not, under the circumstances of the particular case, affect adversely the health or safety of persons residing or working in the neighborhood of the property referred to in the application and will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood or adversely affect the comprehensive plan or utility or road comprehensive plans of the town.
(Ord. 92-9 § 3, 1992)
As a part of approving any variance, the town administrative staff may propose and/or the planning commission may propose appropriate conditions and safeguards, and the council may impose appropriate conditions and safeguards.
(Ord. 92-9 § 3, 1992)
A written record of the planning commission findings and town council findings shall be made and they shall be a matter of public record.
(Ord. 92-9 § 3, 1992)