A. Variances; Findings: The Planning Commission may recommend a variance from this title when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Planning Commission shall prescribe only conditions that it deems necessary to, or desirable for, the public interest. In making its findings, as required hereinbelow, the Planning Commission shall take into account the nature of 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 Planning Commission finds:
1. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of his land.
2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.
4. That the modifications have been requested in writing by the subdivider stating the reasons for each modification and that the variance is approved by a majority of the Planning Commission.
B. Planned Unit Development (PUD); Findings: The Planning Commission may recommend a variance from this title in case of a plan for a planned unit development (PUD), which, in the judgment of the Planning Commission, provides adequate public space and includes provisions for efficient circulation, light and air and other needs. In making its findings, as required below, the Planning 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 Planning Commission shall find that:
1. The proposed project will constitute a desirable and stable community development; and
2. The proposed project will be in harmony with adjacent areas.
C. Application Requirements:
1. Generally: Application for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Planning Commission. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner.
2. Planned Unit Development: Application for any such variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Planning Commission, stating fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans or other additional data which may aid the Planning Commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.
3. Patio Homes, Townhouses And/Or All Housing: Land zoned or proposed to be zoned for patio homes, townhouses and/or other all housing shall be platted to comply with City zoning regulations.
4. Mobile Home Parks And Mobile Home Neighborhoods: Plats for subdivisions intended for mobile home parks or mobile home neighborhoods shall comply with the requirements of title 9, chapter 12 of this Code, and in case of conflict between said title 9, chapter 12 of this Code and this title, said title 9, chapter 12 of this Code shall control. (Ord. 2019-03, 3-5-2019)