(A) Generally. Where the subdivider can show that a provision of these regulations would cause unnecessary hardship if strictly adhered to and where, in the opinion of the City Council, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the City Council may authorize a variance.
(B) Application and determination. In the event that the City Council finds that extraordinary hardship or injustice will result from strict compliance with these regulations, it may vary the terms thereof to the extent necessary to grant relief provided:
(1) The special conditions and circumstances exist which are peculiar to the tract or tracts to be subdivided;
(2) The literal interpretation of the provisions of these regulations would deprive the subdivider of rights commonly enjoyed by other subdividers under the terms of these regulations;
(3) The special conditions and circumstances do not result from the actions of the subdivider;
(4) Granting the variance requested will not confer on the subdivider any special privilege that is denied by these regulations to other subdividers; and
(5) The City Council determines that the variance requested is:
(a) The least deviation from these regulations which will mitigate the hardship;
(b) Not detrimental to the public interest, and is in keeping with the general intent and purpose of these regulations; and
(c) Not applicable to other subdivisions, nor subdividers.
(C) Decision. The granting of any variance by the City Council shall be in the form of a motion which has been presented, adopted, approved and recorded in the same manner as other motions acted upon by the City Council.
(Ord. passed - -)