The city council may grant subdivision variances from the design and improvement standards of this title upon receiving a recommendation from the planning commission that strict compliance would result in undue hardship to the subdivider/applicant, the granting of such variance will not adversely affect the public, and shall meet the conditions as identified in Section 12.28.040. Any variance granted shall not have the effect of nullifying the intent or purpose of the subdivision ordinance, zoning ordinance, major street plan or other elements of the city comprehensive plan and shall be solely granted on a case by case basis. The city council may not by variance permit subdivision for building purposes in areas situated within the floodway of a flood of one hundred year frequency as defined by the Federal Emergency Management Agency, without compliance with all applicable provisions of Chapter 15.16 of this code. (Ord. 570 (part), 2002)
A. The applicant shall include with the submission of the preliminary plat an application and written statement describing the requested variance and the facts of hardship upon which the request is based. The planning commission and city council shall consider each requested variance at a public meeting.
B. In granting variances, the city council may impose such conditions as will, in its judgment, secure substantially the objectives of this title including the preparation and filing of a recordable document describing the variance and conditions in full.
C. When any variance is granted, the approval of the proposed subdivision shall contain a statement describing the variance and the facts and conditions upon which the issuance of the variance is based. (Ord. 570 (part), 2002)
Loading...