33-21   Modification Of Requirements
Upon hearing, the city council may modify or waive specific provisions of this chapter in its application to specific tracts of land, provided, it finds that:
   A.   The strict application of a particular provision would produce undue hardship.
   B.   Such hardship is not shared generally by other properties in the proposed subdivision, or in the case of modifications or waivers affecting an entire proposed subdivision the hardship is not shared generally with other similar subdivisions.
   C.   The authorization of the modification or waiver will not be a substantial detriment to adjacent property and the character of the proposed subdivision will not be adversely changed.
   D.   The granting of such modification or waiver is based upon demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice.
   E.   The granting of such modification will not unduly compromise the intent of this chapter.