The Planning Commission may recommend, and the City Council may grant variances from the substantive requirements of these regulations but not the procedural provisions. Variances to these regulations shall be requested by the applicant of a subdivision in writing at the time of the application for preliminary plat approval and the grounds for the requested variances shall be stated by the applicant. A variance may be granted only if the City Council finds that the following factors apply to the request:
A. There are special circumstances or conditions affecting the property that are not common to other properties in the area.
B. That the variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by other properties of the same vicinity, and that extraordinary hardship would result from strict compliance with these regulations because of circumstances or conditions affecting the property.
C. That the special conditions and circumstances causing the need for the variance have not been created by any persons presently or formerly having an interest in the land.
D. The granting of the variance will not be detrimental to the public health, safety or public welfare nor injurious to other land or improvements in the vicinity where the property is located.
[§ 8-1100, added by Ord. No. 01-08, effective January 17, 2002, amended by Ord. No. 07-02, effective March 1, 2007.]