12-7-1: AUTHORITY TO GRANT VARIATIONS:
Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in this title would result in substantial hardship or inequity, the planning commission, with the approval of the city council, may vary or modify, except as otherwise indicated, such requirements of design, but not of procedure or off site improvements, so that the subdivider may develop his property in a reasonable manner, but so, at the same time, the public welfare and interests of the city are protected and the general intent and spirit of this title preserved. Such modification may be granted upon written request of the subdivider or his engineer, stating the reason for each modification and may be approved by a two-thirds (2/3) vote of the regular membership of the planning commission, subject to the acceptance of the plat and the dedications thereon by the city council; provided however, that a variation based on unique condition(s) shall not be granted when the unique condition(s) was created or contributed to by the subdivider. (Ord. 1978-10, 10-3-1978)