A. Application for Variance; Consideration: Applications for a variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for consideration. Such application shall state fully all facts relied upon by the subdivider as to the applicant’s opinion why each variance finding applies to the property in question. The applications shall be supplemented with maps, plans or other additional data which aids City staff, the Planning Commission and City Council in the analysis of the proposed project. Such variances shall be considered at the same time as the preliminary plat. Any variance or modification thus considered shall be recorded and entered in the minutes of the governing body, setting forth the reasons for granting or denying the variance.
B. Findings of Fact: Upon receiving a report from the Planning Commission, the governing body may grant a variance in any particular case where the subdivider can show that, by reason of exceptional topography or other physical conditions, strict compliance to these regulations could infringe on the reasonable subdivision of the land. Such relief may be granted; provided, there is no detriment to the public welfare and no impairment of the intended purpose of this Title and all of the following applicable findings can be met:
1. There are unique circumstances or conditions affecting said property, such that the strict applications of the provisions of this Title would infringe on the reasonable subdivision of the 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 the other property in the area in which said property is situated and will not have an adverse effect upon traffic safety.
C. Considerations: In making this finding, the City Council shall consider: 1) the nature of the proposed use of the land and existing use of the land in the vicinity; and 2) the probable effect of the proposed variance upon traffic conditions, public or private utilities, or parks in the vicinity.
D. Conditions of Variances: In granting variances as herein provided, the Council shall prescribe conditions that it deems necessary to protect the public interest. In making a determination, the Council shall find that:
1. The proposed subdivision variance will promote the development of a more desirable project for the community.
2. The proposed subdivision variance will be in harmony with adjacent areas.
3. The proposed subdivision variance will not adversely affect the intent and purpose of the Comprehensive Plan, text or amendments thereto, or other ordinances of the City.
4. The proposed variance will not be contrary to the purpose and intent of this Title.