(A) The City Council may grant a variance in any particular case where the subdivider can show that by reason of the unfavorable topography or other physical conditions the strict compliance to these regulations could cause practical difficulties. Practical difficulties as used in connection with the granting of a variance includes a three-factor test, all three of which must be met in order for a variance to be granted.
(1) Reasonableness. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance.
(2) Uniqueness. The plight of the landowners is due to circumstances unique to the property not created by the landowner.
(3) Essential character. The variance, if granted, will not alter the essential character of the locality.
(B) Economic considerations alone shall not constitute a practical difficulty if reasonable use for the property exists under the terms of this chapter.
(C) Applications for any variance shall be made in writing by the subdivider at the time when the plat is filed for consideration. The application shall state fully all facts relied upon by the subdivider, and shall be supplemented with maps, plans or other additional data which may aid the Planning Commission and the City Council in the analysis of the proposed project. The variances shall be considered at the next regular meeting held by the Planning Commission. The plans for the development shall include any covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the proposed plat. Any variance or modifications thus granted shall be recorded and entered in the minutes setting forth the reasons for granting the variance.
(Prior Code, § 12-1266) (Ord. 02-2014, passed 5-20-2014)