A. 
A variance from the requirements of this title may be granted only if the planning commission finds both of the following:
1. 
The granting of a platting variance will not be detrimental to the public safety, or welfare, or injurious to adjacent property.
2. 
The tract to be subdivided is of such unusual size and shape or topographical conditions that the strict application of the requirements of this title will result in undue and substantial hardship to the owner of the property.
B. 
An open record public hearing shall be held before the planning commission concerning said platting variance, which hearing may be conducted separately or concurrently with the preliminary subdivision or short subdivision application. All procedures and requirements of this title and DPMC Title 19 shall be followed. A written notice of decision shall be issued pursuant to this title and DPMC Title 19.
C. 
The applicant or any party of record aggrieved by the decision of the planning commission may appeal to the city council within the time frame and in the manner prescribed in Chapters 17.48 and 19.16 DPMC.
(Ord. 681 § 2, 1996; Ord. 722 § 33, 1998)
Application for a platting variance shall include:
A. 
Sketch, plat, or photocopy of the most recent survey;
B. 
Evidence of title of the applicant;
C. 
Completion of a written application, available from the planning director, explaining the conditions, facts, and reasons why a variance should be granted and why such facts and reasons constitute compliance with the requirements for a variance as stated herein.
The application, along with supporting documents, shall be submitted to the planning director who will forward the application to the planning commission which has the authority to grant platting variances, in accordance with the requirements of this title and of DPMC Title 19. In granting or denying any platting variance, the planning commission shall state fully, in its notice of decision issued pursuant to this title and DPMC § 19.16.080, the facts that it finds which are sufficient to warrant the action.
(Ord. 681 § 2, 1996; Ord. 722 § 34, 1998)