A. In specific cases the commission may authorize deviations from the requirements of chapters 16.15 (design standards) and 16.40 (improvement standards) of this title but only where, owing to special conditions pertaining to a specific subdivision, the literal interpretation and strict application of the provisions or requirements of this title would cause undue and unnecessary hardship. No deviation from the provisions or requirements of this title may be authorized by the commission unless they find that all of the following facts and conditions exist:
1. Exceptional or extraordinary circumstances or conditions exist warranting the approval of the requested deviation that does not generally apply to other properties in similar subdivisions or in subdivisions in the vicinity of the proposed subdivision.
2. Approval of the deviation is necessary for the preservation and enjoyment of a substantial property right of the developer or is necessary for the reasonable and acceptable development of the property.
3. Approval of the deviation will not be injurious to property in the vicinity in which the subdivision is located.
4. Approval of the deviation is consistent with the Comprehensive Plan.
B. The commission may attach conditions of approval concerning the design or features of the deviation in order to meet the purpose and intent of this title. (Ord. 3485, 2014)