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1. Whenever a tract to be subdivided or altered by a record of survey is of unusual size or shape or has unusual conditions such that the strict application of these regulations would result in substantial hardship or inequity, the Council may waive or modify such regulations so that the property may be developed in a reasonable manner.The Council must first find that the quality of the development is not diminished, that the public welfare and the interests of the City are protected, that the general intent and spirit of these regulations are preserved and that conformity to the Comprehensive Plan is assured.
A. A written request to the Director is required.
B. The request shall be referred to the PZC within 35 days of receipt, but allowing at least ten working days review prior to the PZC meeting.
C. The PZC shall act upon request and make recommendation to the Council.
D. The Council, after receiving the recommendations of the PZC, shall act upon request at its next regular meeting per Section 11-03-04.4.
E. In the case of a record of survey the Commission may issue the waiver or modification.
2. In granting waivers and/or modifications from these regulations, the Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived or modified.
3. Any person, firm, or corporation may appeal the decision of the Council to the District Court in the same manner and within the same time as other appeals may be taken from orders of the Council.