(A) Where the City Council finds that extraordinary hardship or particular difficulties may result from strict compliance with the regulations contained in this chapter, it may recommend the allowance of variances or exceptions to such regulations so that substantial justice may be done and the public interest secured; however, that variance or exception shall not have the effect of nullifying the intent and purpose of this chapter; and further provided, that the City Council shall not recommend the allowance of variances or exceptions to the regulations of this chapter unless it shall make findings based upon the evidence presented before it in each specific case that:
(1) Because of the particular physical surrounding, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from an inconvenience, if the strict letter of the regulations were carried out;
(2) The conditions upon which the request for a variance or exception is based are unique to the property for which the variance or exception is sought and are not applicable, generally, to other property.
(3) The purpose of the variance or exception is not based exclusively upon a desire to make more money out of the property; and
(4) The granting of the variance or exception will not be detrimental to public health, safety or general welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(B) In its recommendations on variances and exceptions, the City Council may recommend the imposition of those conditions as will aid, in its judgment, the promotion of the objectives of the standards or requirements which it recommends be varied or modified.
(C) Upon considering the recommendations of the City Council, and its reasons for the same, the Mayor and City Council may grant, in whole or in part, the variances or exception recommended and any such conditions, as is the judgment of the Mayor and City Council; as will aid in the standards or requirements which it authorizes to be varied and modified.
(Ord. 567, passed 10-15-90)