(A) The City Council may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Council shall prescribe only conditions that it deems necessary or desirable to the public interest in making the findings herein below required. The Council shall take into account the nature of the proposed usage of land involved, the existing usage of the land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of the variances upon traffic conditions and upon the public health, safety, convenience and welfare of individuals in the vicinity. No variance will be granted unless the Council finds the following:
(1) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this subchapter would deprive the applicant of the reasonable use of his or her land;
(2) The variances are necessary for the preservation and enjoyment of a substantial property right of the applicant, and that the granting of the variance will not be detrimental to the public health, safety or welfare of individuals, or injurious to other properties in the area;
(3) The granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this subchapter; and
(4) The Council may not authorize a variance that would constitute a violation of any other valid ordinance of the city.
(B) These findings of the Council, together with the specific facts upon which such findings are based, shall be incorporated in the official minutes of the Council meeting at which the variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this subchapter so that the general health, safety and welfare of citizens may be secured, and substantial justice be done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
(Ord. 11-5-98, passed 11-5-1998)