A. When Permissible: Whenever a tract to be subdivided is of such unusual size or shape or is surrounded by such developments or unusual conditions that the strict application of the regulations of this title would result in substantial hardship or inequity, the council may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so at the same time, the public welfare and interest of the city are protected, the general intent and spirit of said regulations are preserved, and conformity to achievement of the comprehensive general plan is assured.
B. Request Procedures:
1. In requesting any modification of or variance to the provisions of this title, a subdivider shall make written request to the city. Expenses incurred by this variance shall be paid by the subdivider at the time of the request. (Ord. 8-96, 11-11-1996)
2. Such request, together with such related data and maps as necessary to fully illustrate the relief sought, shall be referred by the city engineer in writing to the city council. (Ord. 7-2008, 9-8-2008)
3. (Rep. by Ord. 7-2008, 9-8-2008)
4. (Rep. by Ord. 7-2008, 9-8-2008)
5. Approval of such modifications shall require a majority vote of the regular membership of the council.
C. Council Authority To Set Conditions: In granting variances and/or modifications from the regulations of this title, the council may require such conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied or modified.
D. Right Of Appeal: Any person 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. (Ord. 8-96, 11-11-1996)