(A) Whenever it is found that the land included in a subdivision plat, presented for approval, is of such size or shape, or is subject to, or is affected by such topographical location or conditions, or is to be devoted to such usage that full conformity to the provisions of these regulations is impossible or impractical, the Council may set forth particular variation from these regulations, if, in their opinion, the variation will effect substantial justice and promote the public interest.
(B) The subdivider may appeal to the Council decisions made in the enforcement or interpretation of these regulations by the Department. Such appeals shall be filed within 30 days with the Town Manager/Clerk. If the Council sustains such decisions, the prior enforcement or interpretation shall be final, except as otherwise provided by law. If the Council overrules such decision, such decision shall be final.
(C) The subdivider may request that permission be granted to commence construction on a model or showhome prior to completion of public facilities required by these regulations. Such permission may be granted by the Council after filing of the final plat with the County Recorder and upon satisfactory assurances by the developer that improvements will proceed in a timely manner. Such model or showhome shall not be occupied for residential purposes until public improvements have been completed in accordance with these regulations and other laws of the town.
(1989 Code, § 15-6)