A. When a subdivider can show that a provision of this chapter would cause unnecessary hardship if strictly adhered to, and when, in the opinion of the EAC, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, and with the commission's approval, a recommendation for a variance or modification may be made to the city council. The subdivider shall apply in writing for such variance or modification. Any variance thus recommended is required to be entered in writing in the minutes of the commission and the reasoning on which the departure was justified shall be set forth. Any variance or modification authorized by the council shall be made by resolution and a copy thereof shall be attached to and made a part of the final plat.
B. Action by the council shall take place at its next stated meeting. Approval of the council shall be indicated on the original drawing by the affixing of the signature of the city clerk, and the plat will be returned to the applicant to be filed for record in the miscellaneous records of the county recorder. (Ord. 2013-20)