(A) Purpose. This subchapter explains how to process variances and the review criteria they should be reviewed by the following.
(B) Variances authorized. The City Council may grant variances from §§ 11.02.060.010 through 11.02.060.270 when due to the characteristics of land proposed for subdivision, strict compliance with these standards would result in undue hardship and would not be essential to the public welfare.
(C) Submittal requirements.
(1) The subdivider shall include with the preliminary plat application a written statement describing and justifying the requested variance by addressing each of the review criteria. The subdivider shall include in the preliminary plat application a request for variance for each subdivision design standard that the proposed subdivision does not meet.
(2) Contents. The request for variance shall include:
(a) Request for variance application form;
(b) Review fee;
(c) Exact citation of the design standard for the variance requested; and
(d) A summary of the reason for the variance request addressing each of the review criteria.
(D) Review criteria. The subdivider has the burden to prove the strict application of these regulations would result in an undue hardship upon the subdivider of the property according to the following:
(1) The granting of the variance will not be detrimental to the public health, safety, or general welfare or injurious to other adjoining properties;
(2) Due to the physical surroundings, shape or topographical conditions of the property involved, strict compliance with the regulations will impose an undue hardship on the owner. Undue hardship does not include personal or financial hardship, or any hardship that is self-imposed;
(3) The variance will not cause a substantial increase in public costs; and
(4) The variance will not place the subdivision in non-conformance with any adopted zoning regulations.
(E) City Council decision.
(1) Generally.
(a) The City Council shall review each variance request to the review criteria in division (D) above.
(b) The City Council will not grant any variance to the requirements of § 11.02.060.070.
(2) Conditions. In granting variances, the City Council may impose reasonable conditions to secure the objectives of these regulations.
(3) Findings of fact. Upon granting any variance, the City Council shall provide a description of the variance and the facts and conditions upon which the issuance of the variance and any conditions of its approval is based.
(Prior Code, § 11.02.050.030) (Ord. 151, passed 6-20-2016)