Where in the case of a particular proposed subdivision, it can be shown that extraordinary hardships or practical difficulties may result from strict compliance with the provisions of this Ordinance and/or the purposes of this Ordinance may be served to a greater extent by an alternative proposed, the City Council, upon recommendation of the Commission, may approve variances from the provisions of this Ordinance so that substantial justice may be done and the public interest secured; provided however, that such variances shall not have the effect of nullifying the intent and purpose of these regulations. The City Council shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
1. The granting of the variance will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare or the rights of adjacent property owners.
2. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property.
3. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out.
4. In no case shall any variance be more than a minimal easing of the standards or requirements as necessary to eliminate the hardship. In no case shall any street standard variance have the effect of reducing the traffic capacity of any street.
5. The variance will not adversely affect the City’s Comprehensive Development Plan or in any manner vary the provisions of the City Zoning Ordinance.
In approving variances, the City Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this Ordinance. A request for such variances shall be submitted in writing by the developer at such time the application for preliminary plat approval is submitted for consideration by the Commission. The variance requests shall be accompanied by a fee as specified in Section 177.16. Said request shall state fully the grounds for the request and all of the facts relied upon by the developer. Any variance recommended by the Commission to the City Council shall be by written record, which shall include findings of facts, and shall refer to all the evidence in the record.
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