(A) The City Council may authorize a variance from the 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 such variances upon traffic conditions and upon the public health, safety, convenience, and welfare of individuals in the vicinity. No variances will be granted unless the Council finds the following:
(1) Special circumstances or conditions. There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of these subdivision regulations would deprive the applicant of the reasonable use of his land.
(2) Preservation of property right. 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) Effect on other lands in the area. 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 these subdivision regulations.
(4) Observance of other ordinances. The Council may not authorize a variance that would constitute a violation of any other valid ordinance of the city.
(B) Such 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 such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this section 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.
(C) Such variances and modifications as may be granted shall be by at least a two-thirds majority of the City Council.
(`88 Code, Ch. 9, § 7.10) (Ord. 100, passed 12-12-78; Am. Ord. 99-028, passed 12-14-99)