Notwithstanding any provision of this chapter to the contrary, the Planning Commission may, in cases of an unusual or exceptional nature, allow for adjustments in the park land dedication and fee-in-lieu regulations and in the park development fee requirements, as required by this chapter. Adjustments may be allowed when, in the opinion of the Commission, it has been determined and satisfactorily shown that the character of the particular subdivision or development and the park and recreation needs generated by and associated with any subdivision or development sufficiently justify such an adjustment. However, no adjustment from the strict application of any provision of this chapter shall be granted by the Commission unless it finds, beyond reasonable doubt, that all the following facts and conditions exist:
(a) Special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands in the immediate vicinity.
(b) The special conditions and circumstances do not result from the actions of the applicant.
(c) Granting the variance requested will provide the minimum necessary relief to alleviate the hardship and will not confer on the applicant any special privilege which is denied by this chapter to the other lands, structures or buildings in the same vicinity.
(d) Granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(Ord. 77-06. Passed 2-22-77. )