A. When it can be shown that in the case of a particular subdivision, strict compliance with the provisions of these regulations would cause undue hardship, the city council may authorize a variance to these regulations provided that the general intent of these regulations is preserved, the public interest is protected, and that such variances do not have the effect of nullifying the intent and purpose of the general plan or Title 17 of this code. The granting of a variance shall be based upon findings by the council that:
1. The subdivider is proceeding in good faith;
2. There are unusual topographical or other special circumstances associated with the property which are not the result of any action of the subdivider and which prohibit the use of the property in a manner similar to the use of adjacent or nearby properties;
3. The variance is necessary for reasonable development of the property in question and will alleviate a clearly demonstrable hardship;
4. The variance will not nullify the intent or purpose of these regulations;
5. Granting the variance will not be detrimental to the general public health, safety and welfare.
B. Any variance granted shall constitute the minimum adjustment necessary to alleviate the hardship.
C. All requests for variances shall be submitted in writing together with a preliminary plat and reviewed in the normal manner by the planning and zoning commission. The planning and zoning commission may approve or deny the preliminary plat and variance request.
D. Following the planning and zoning commission's action, the request for variance shall be referred to the city council for consideration and action. The council may consider comments from the planning and zoning commission, staff, the applicant, and the public. The council may approve or deny the variance request. The request may not be tabled for more than two meetings. In granting a variance, compliance with the intent of the objectives and standards of these regulations shall be maintained.
E. If the subdivision variance is grantedby the city council, the subdivider may incorporate the provisions of the variance into the final plat to be submitted and reviewed in the normal manner at a subsequent meeting of the city council. The final plat must, in all respects other than the variance, conform with the preliminary plat and any other conditions imposed by the planning and zoning commission.
(Ord. 1179.5 § 2, 1990)