The modification application shall first be considered by the Planning Commission. In order to approve such application the Planning Commission must:
(A) Find that all of the following conditions apply to the particular requirement:
(1) That the strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the subdivider inconsistent with the general purpose and intent of this chapter; and
(2) That there are exceptional circumstances or conditions applicable to the subject property or to its intended use or development which made the application of the requirement in question unfair and oppressive to the subdivider; and
(3) That the granting of a modification of such requirement would not be materially detrimental to the public health, safety and welfare, nor injurious to the property or improvements thereon in the immediate vicinity of the subject property to be subdivided; and
(4) That the granting of the modification will not be contrary to the intent of this chapter as set forth in § 16.32.010;
(B) Identify the reasons for such findings; and
(C) Recommend to the City Council that such waiver or such variance be approved. The Commission’s recommendation to the Council shall be by written report and shall set forth the Commission’s findings and the reasons for such findings.
(`78 Code, § 16.32.030.) (Ord. 1522 § 2 (part), 1978.)