The City Commission may authorize a variance
from these regulations when, in its opinion, undue hardship may result
from strict compliance and provided the variance does not pertain
to requirements of Chatper 770, Zoning. In granting any variance,
the City Commission shall prescribe only conditions that it deems
necessary to or desirable for the public interest. In making its findings,
as required herein below, the City Commission 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 City Commission finds:
A. That 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 land.
B. That the variance is necessary for the preservation
and enjoyment of a substantial property right of the petitioner.
C. That 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.