§ 155.04 EXCEPTIONS TO SUBDIVISION REGULATIONS.
   (A)   Authorization. The Council may authorize a variance of any requirements set forth in these standards.
   (B)   Basic considerations for a variance. The basic reason for granting a variance will be proof that:
      (1)   Special conditions or circumstances peculiar to the property under consideration make a variance necessary;
      (2)   The variance is necessary for the proper development of the subdivision and the preservation of property rights and values; and/or
      (3)   The variance will not at present or hereafter be detrimental to the public welfare or injurious to other properties adjacent to or in the vicinity of the proposed subdivision.
   (C)   Consideration for variance. Consideration for a variance from these regulations shall be based upon a written statement by the subdivider in which is given complete details of conditions and reasons why a specific variance should be granted. A request for a variance from these regulations shall be filed with the Council prior to presentation of the final plat for approval. No variance will be considered after a plat has been recorded.
(Prior Code, § 152.04) (Ord. 348, passed 3-20-1972)