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In any particular case where the subdivider can show that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of this chapter would cause unusual difficulty or exceptional and undue hardship, the Council may relax the requirement to the extent deemed just and proper, so as to relieve the difficulty and undue hardship; provided that, the relief may be granted without detriment to the public good and without impairing the intent and purposes of these regulations or the desirable general development of the neighborhood and the community in accordance with the Comprehensive Plan and the Zoning Code. Any modification thus granted shall be entered in the minutes of the Council setting forth the reasons, which, in the opinion of the Council, justified the modification.
(Ord. 232, passed 11-1-2000)
ADMINISTRATION AND ENFORCEMENT
(A) No plat of any subdivision shall be entitled to be recorded in the office of the County Recorder or shall have any validity until it has been approved by the Council in the manner described herein.
(B) It is unlawful for the owner or the agent of the owner to transfer or sell any land by reference to or by other use of a plat or description unless the plat has been approved by the Council as required herein.
(Ord. 232, passed 11-1-2000) Penalty, see § 10.99
(A) Generally. The Council may grant a variance from these regulations following a finding that all of the following conditions exist.
(1) There are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of their land.
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
(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) Considerations in granting variances. In making this finding, the Council shall consider the nature of the proposed use of land and 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. In granting a variance herein provided, the Council shall prescribe only conditions that it deems desirable or necessary to the public interest.
(Ord. 232, passed 11-1-2000)
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 and Zoning Commission and the Council, 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 and Zoning Commission and the Council in the analysis of the proposed project. The plans for the development shall include the covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan. In all cases where applications for variance are submitted for conditional approval along with the preliminary plat, the action on the conditional approval shall issue from the Council.
(Ord. 232, passed 11-1-2000)
The Commission may authorize a variance from these regulations in case of a plan for a complete community or neighborhood which, in the judgment of the Commission, provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs. In making its findings, as required herein below, the Commission shall take into account the nature of the proposed 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 Commission shall find that:
(A) The proposed project will constitute a desirable and stable community development; and
(B) The proposed project will be in harmony with adjacent areas.
(Ord. 232, passed 11-1-2000)
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