(A) These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the city. Action taken by the City Council under the terms of this chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire community. However, if the subdivider or his or her agent can clearly demonstrate that, because of the peculiar conditions pertaining to his or her land, the literal enforcement of one or more these regulations is impracticable or will exact undue hardship, the Planning Commission may recommend and the City Council may permit variance or variances as may be reasonable and within the general purpose and intent of these rules, regulations and standards, established by this chapter.
(B) In making its findings as required shall take into account the nature of the proposed use of the existing use of land in the vicinity and the number of persons to reside or work in the proposed subdivision, and the notable effect of the proposed subdivision upon traffic conditions in the vicinity.
(C) No variance shall be granted unless the city finds:
(1) That there are special circumstances or conditions affecting the property, such as a strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) That the variances are necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(3) That the granting of the variance would not be detrimental to the public welfare or injurious to the property in the area in which the property is situated.
(Ord. 89, passed 2-14-1966)