(A) The City Council may grant a variance from the regulations contained in this chapter following a finding that all of the following conditions exist:
(1) There are unique circumstances or conditions affecting the property, such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the applicant’s land.
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
(3) The granting of the variance will not be detrimental to the public welfare or injurious to the other property in the territory in which the property is situated and will not have an adverse effect upon traffic or traffic safety.
(B) In making this finding, the City Council must consider the nature of the proposed use of the land and existing use of the land in the vicinity, the number of persons who reside or work in the area, and the probable effect of the proposed variance upon traffic conditions in the vicinity.
(C) In granting variances as herein provided, the Council must prescribe conditions that it deems desirable or necessary to protect the public interest. In making a determination, the Council must find that:
(1) The proposed project will constitute a desirable and stable community development.
(2) The proposed project will be in harmony with adjacent areas.
(D) The application for any variance must be made in writing and addressed to the Planning Commission and the City Council and must be submitted to the Department of Community Development. The application must include the specific variances requested, the location of those variances and how it varies from the provisions of the chapter. The written application must be submitted to the Planning Commission for their advice and recommendation and the Planning Commission must report on the provisions set forth above. The Planning Commission must submit their recommendations to the City Council within 60 days after receiving the written application and required exhibits from the Department of Community Development.
('72 Code, § 345:85) (Am. Ord. 1984-447(A), passed 4-9-84)