(A) The City Council or Planning Commission may authorize a variance from this chapter when, in its opinion, undue hardship may result from strict compliance and provided the variance does not pertain to requirements of the zoning chapter. In granting any variance, the City Council or Planning Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required below in this section, the City Council or Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, 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.
(B) No variance shall be granted unless the City Council or Planning Commission finds that:
(1) There are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
(1993 Code, § 62-136)