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1101.11 EXCEPTIONS TO THESE REGULATIONS.
The Planning Commission may recommend exceptions to the provisions of these Regulations, subject to the approval of City Council, in the following circumstances:
(a) Finding of Practical Difficulty. Where it can be shown in the case of a particular proposed subdivision or site development that strict compliance with the requirements of these Subdivision Regulations is impractical due to the specific circumstances of the subdivision or development, or that these conditions would result in retarding the achievement of the objectives of these Regulations, then the Planning Commission may recommend that the specific provisions be varied, modified or waived after making findings of facts setting forth the reasons therefor, subject to approval of Council. Any such determination by the Planning Commission and Council shall be based fundamentally on findings that exceptional conditions not caused by action of the applicant require such exception and that the granting thereof will not adversely affect the general public and will not have the effect of nullifying the intent of these Regulations or of the Master Plan.
(1) In no case shall any exception be more than a minimum easing of the requirements; in no case shall it have the effect of reducing the traffic capacity of any major or secondary road and in no case shall it be in conflict with existing zoning regulations.
(2) In granting exceptions, the Commission shall make findings of fact and state reasons therefor, subject to approval of Council, and may require such conditions as will, in its judgment, secure substantially the objectives of the standards and requirement so affected.
(3) No exception shall be granted to resolve practical difficulties which result from failure of the applicantto evaluate the property and its conditions, to determine the applicable regulations, failureto carefully plan and design the improvements, or failure to otherwise anticipate and prepare a conforming and feasible plan of development.
(c) Application. The applicant shall submit an application for an exception in writing to the Planning Commission simultaneously with the preliminary plat for the subdivision or with the application for site plan review. The application shall explain in detail the reasons for and facts supporting the request.
(Ord. 2004-013. Passed 3-22-04.)