(a) Hardship. The Planning Commission, with concurrence by Council, may authorize a variance from these Subdivision Regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Commission shall prescribe only conditions that it deems necessary to, or desirable for, the public interest. In making its findings, as required herein, the Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Commission finds that:
(1) There are special circumstances or conditions affecting the property such that the strict application of the provisions of these Regulations would deprive the applicant of the reasonable use of his or her 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 other property in the territory in which the property is situated.
(b) Large Scale Development or Complete Neighborhood. The Planning Commission, with concurrence by Council, may authorize a variance from these Regulations in the case of a plan for a complete community or neighborhood which, in the judgment of the Commission, provides adequate public spaces and includes provisions for efficient circulation, light, air and other needs. In making its findings, as required herein, the Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. The Commission shall find that:
(1) The proposed project will constitute a desirable and stable community development.
(2) The proposed project will be in harmony with adjacent areas and suitable provisions will be made for access thereto so that the proposed project will not hinder their future development.
(c) Applications Required.
(1) Hardship variances. Application for any such variance shall be submitted in writing by the subdivider at the time the proposed plat is filed for the consideration of Council. The petition shall state fully the grounds for the application and all facts relied upon by the petitioner.
(2) Large scale development or complete neighborhood variances. Application for any such variance shall be made in writing by the subdivider at the time the proposed plat is filed for the consideration of Council, stating fully and clearly all facts relied upon by the petitioner. Such application shall be supplemented with maps, plans or other additional data which may aid the Commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions as are necessary to guarantee the full achievement of the plan.