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The Planning Commission may grant waivers from the provisions of this Chapter 1216 and the Design Standards of Chapter 1220 when, in its opinion, undue hardship may result from strict compliance. Any waiver granted by the Planning Commission shall be submitted to Council for approval and shall not be effective unless so approved. In granting any waiver, the Commission shall prescribe only conditions which it deems necessary to, or desirable for the public interest.
(a) Criteria. In making its decision, the 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 waiver shall be granted unless the Commission finds that:
(1) There are special circumstances or conditions affecting such property such that the strict application of these regulations would deprive the applicant of the reasonable use of his or her land.
(2) The waiver is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
(3) The granting of the waiver will not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated.
(b) Application. An application for a waiver shall be submitted in writing by the developer at the time the preliminary plan is filed for consideration by the Planning Commission. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner.
(Ord. 52-99. Passed 3-22-99.)