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Whenever the tract to be subdivided is of such unusual topography, size or shape that the strict application of the subdivision requirements would result in substantial hardship or whenever the strict application of the subdivision requirements would be contrary to the public interest, the Council, upon recommendation of the Commission, may vary or modify such requirements so that the subdivider is allowed to develop his property in a reasonable manner; provided, such variance or modification will not have the effect of nullifying the intent and purpose of the subdivision regulations for the City or of interfering with carrying out the comprehensive plan.
If the developer requests a waiver of any requirements of the subdivision regulations, the developer shall submit to the City engineering department the following items:
1. A written letter requesting a waiver with specific reference to the applicable code section or sections.
2. Fourteen copies of a sketch plan. Sketch plan should be revised to indicate those changes being made by the developer as a result of the pre-application conference.
3. Any report or items which may be applicable to the waiver request which developer wishes to submit.
4. After receipt of the sketch plan and request for waiver, the City engineering department shall immediately forward the same to the Commission along with the written recommendation of the City engineering department.
5. The Commission shall thereupon proceed in accordance with the provisions of Section 200.40.
The engineering department shall submit a copy of the sketch plan to the following:
1. City Water, Waste Water and Streets Departments;
2. City Engineering Department;
3. City Building Inspection Department;
4. School Superintendent;
5. Parks Department; and
6. Utility franchise holders.
The sketch plan is intended to reflect the general intentions of the developer with regard to layout of lots, streets and utilities. It is also intended to provide a worksheet for discussion and revision. The sketch plan shall be made at a maximum scale of one inch equals one hundred feet. The sheet size shall be eighteen inches by twenty-four inches. The sketch plan shall contain the following information:
1. Name, address and phone number of the applicant and owner;
2. Date of preparation, scale and north arrow;
3. Existing and proposed land use and zoning;
4. Proposed lot locations and sizes;
5. Major street and utility extensions;
6. Proposed layout of internal streets and utilities;
7. Adjacent existing street and utility layout;
8. Adjacent land uses and zoning;
9. Vicinity sketch;
10. 100-year flood elevation data.
1. The sketch plan, in its final form, along with supporting documents, if any, shall be submitted to the Commission for its recommendation and report.
2. The City Engineering Department, after reviewing the submittal, shall prepare a report and forward its recommendations to the Commission.
3. Waivers of the subdivision regulations may only be granted by the affirmative vote of two-thirds of the members of the Commission. In granting such variances and modifications, the Commission may require such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or modified. The Council may only approve the requested waivers or variations upon recommendation by the Commission.
The final plat shall conform substantially to the sketch plan as approved and, if desired by the subdivider, it may constitute only that portion of the approved sketch plan which the subdivider proposes to record and develop at that time; provided, however, such portion shall conform to all requirements of the regulations set forth in this chapter. Subsequent final plats covering the remaining portions of the sketch plan shall be submitted within 24 months. Council may approve extensions upon recommendation of the Commission.
If the developer wishes preliminary approval of the final plat prior to the preparation of such plat, the developer may submit a preliminary plat to the Commission for approval. Such preliminary plat need only contain the information required under Section 200.17 of this chapter. A final plat which conforms substantially to the preliminary plat shall be approved by the Commission within 30 days after application for approval of such final plat, if such plat is submitted within 24 months from the date of approval of the preliminary plat. The final plat shall be approved by the Council within 20 days of the date of its approval by the Commission.
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