When necessary, the Planning Commission may authorize variances to the requirements of this chapter. Application for a variance shall be made by petition of the land divider, stating fully the grounds for the application and the facts relied upon by the petitioner. The petition shall be filed with the tentative plan and shall be considered by the Planning Commission, along with the tentative plan.
(1981 Compilation § 8-7:10.010; Ord. 509 § 10.010, 1981)
Before a variance may be granted, the Planning Commission shall first determine that all of the following circumstances exist:
A. 
Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same vicinity, and result from parcel size and shape, topography, or other circumstances over which the owners of the property since enactment of this chapter have had no control. Project costs shall not be considered as an exceptional or extraordinary circumstance.
B. 
The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same vicinity possess.
C. 
The variance would not be materially detrimental to the purposes of this chapter, or to property in the same vicinity in which the property is located, or otherwise conflict with the objectives of any City plan or policy.
D. 
The variance requested is the minimum variance which would alleviate the hardship.
(1981 Compilation § 8-7:10.020; Ord. 509 § 10.020, 1981)
In acting to grant, modify or deny a variance, the Planning Commission shall make a written record of its findings and the facts in connection therewith, and shall describe the variance granted and the conditions designated. The Secretary of the Planning Commission shall keep the findings on file as a matter of public record. Within five days of the date of action on the variance by the Planning Commission, the Commission shall transmit a copy of the action on the variance to the land divider.
(1981 Compilation § 8-7:10.030; Ord. 509 § 10.030, 1981)