(A) Purpose. The Commission may recommend to the Council a variance from the provisions of this chapter on a finding that undue hardship may result from strict compliance with specific provisions or requirements of the chapter or that application of such provisions or requirements is impractical. Where in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions, or other such conditions, which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this chapter, the Council may declare that variance, modification, or a waiver of these requirements be granted. The Council shall only recommend variances that it deems necessary to or desirable for the public interest, in making its findings, the Council 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 recommended unless the Council finds after a public hearing:
(1) There are such special circumstances or conditions affecting said property that the strict application of the provisions of this chapter would clearly be impracticable, or unreasonable; in such cases, the subdivider shall first state his or her reasons in writing to the specific provisions or requirements involved;
(2) The granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated;
(3) Such variance will not violate the provisions of the state’s code; or
(4) Such variance will not have the effect of nullifying the interest and purpose of this chapter and the comprehensive land use plan.
(B) Planned unit development variance. The developer may request a variance from specified portions of this chapter in the case of a planned unit development. Upon considering the request variance, the Commission shall take into account the nature of the proposed use of the land and existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, the probable effect of the proposed subdivision upon traffic conditions in the vicinity, adequate open space, light, air, and other needs. The Commission’s findings and report to the Council shall include whether:
(1) The proposed project will constitute a desirable and stable community development and be in compliance with the comprehensive development plan;
(2) The proposed project will be in harmony with adjacent areas; and
(3) The proposed project will be served with adequate public facilities.
(Ord. 2006-01, passed - -2006)