(A) General conditions. The Planning Commission may recommend a variance from the provisions of this subchapter when, in its opinion, undue hardship on the land may result from strict compliance. In granting any variance, the Planning Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, the 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. No variance shall be granted unless the Commission finds:
(1) There are special circumstances or conditions affecting the property so that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
(B) Applications required.
(1) Applications for any the variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for consideration by the 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 Commission in the analysis of the proposed project.
(2) The plans for the development shall include the covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.
(2002 Code, § 7.80)