The Board of Adjustment may issue variances to the zoning regulations and the city may permit modifications in the subdivision regulations when all of the following conditions are met.
(A) Because of the unique topography or other conditions of land involved, literal application of the provisions of this chapter would impose undue hardship.
(B) Conditions are attached to variances or plat approval that assure compliance with the requirements of this chapter insofar as practical.
(C) The purpose and intent of this chapter are observed.
(D) There is no increase in the flood hazard or flood damage potential. The Commissioner of Natural Resources shall be provided with a copy of any application for a variance, where a hearing is to be held to consider the application, not less than ten days before the hearing. A copy of all decisions granting a variance shall be forwarded to the Commissioner within ten days of the action.
(Prior Code, § 1101.09)