(A) The Planning Commission may recommend a variance to the City Council from the requirements of subdivision planning procedure or public improvements when a group housing or cluster development is proposed or in specific cases when the tract to be subdivided is of such unusual size, shape, or character, or is surrounded by such development or unusual conditions that the strict compliance with the requirements of this section would result in substantial hardship or injustice.
(B) The standards and requirements of these regulations may be modified by the Council in the case of plans which, in the judgment of the Council, achieve substantially the objectives of these regulations and which are further protected by such covenants or other legal provisions as will assure conformity to and achievement of this plan.
(C) In recommending any variance, the Commission shall take into account the following:
(1) The features of the natural terrain and considerations of preservation of scenic beauty and conservation practices.
(2) The location of the proposed subdivision, proposed land use, and existing use of land in the vicinity.
(3) The number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.
(4) Those variances that will allow the subdivider to develop his property in a reasonable manner and at the same time preserve the general intent and spirit of this chapter and protect the public welfare and interests of the city.
(D) Variances from the strict application of this chapter may also be granted in the case of planned developments provided the Council, upon review and recommendations from the Planning Commission, shall find that the proposed development is fully consistent with the purpose and intent of this chapter; a PLANNED DEVELOPMENT shall be considered any development of more than 3 acres which consists of 2 or more principal structures or uses on a single lot or parcel of land for which a complete, detailed plan has been submitted showing all proposed structures, uses, traffic-ways, sidewalks, landscaping, off-street parking and other features and facilities. This provision of the chapter is intended to provide flexibility needed for new land planning and land development trends and techniques.
(E) (1) Variances. The Council may grant a variance upon receiving a report from the Planning Commission in any particular case where the subdivider has shown that by reason of exceptional topography or other physical conditions the strict compliance with these regulations could cause an exceptional and undue hardship on the enjoyment of a substantial property right provided such relief may be granted without detriment to the public welfare and without substantially impairing the intent and purpose of these regulations.
(2) Application required. Application for any such variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for consideration, stating fully all facts relied upon by the petitioner, and shall be supplemented with maps, plans, or other additional data which may aid the Planning Commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan.
(3) The Planning Commission shall consider such application, give its written recommendations thereon, with the reasons therefore, at the time of its approval or disapproval of the plan. If the Planning Commission refuses to recommend a variance within 70 days, the subdivider may at once petition the Council for a review of the decision of application for variance.
(Ord. 2011-06-07A, passed 6-7-2011)