Where the Council finds that extraordinary hardship may result from
strict compliance with these regulations, it may vary the regulations so that
substantial justice may be done and the public interest secured. In granting
any variance, the Council shall prescribe only conditions that it deems necessary
to or desirable for the public interest. In making its findings, as required
below, the Council shall take into account the nature of the proposed use
of land and the existing use of land in the vicinity, the number of persons
to reside or work in the proposed subdivision and the probable effect of the
proposed subdivision upon traffic conditions in the vicinity. No variance
shall be granted unless the Council finds that:
A. There are special circumstances or conditions affecting
said property such that the strict application of the provisions of this chapter
would deprive the applicant of the reasonable use of his or her land.
B. The variance is necessary for the preservation and enjoyment
of a substantial property right of the petitioner.
C. The granting of the variance will not be detrimental
to the public welfare or injurious to other property in the territory in which
said property is situated.
Any modification thus granted shall be entered in the minutes of the
Council, setting forth the reasons which, in the opinion of the Council, justified
the modifications.