(a) Whenever the tract of land to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements of these Regulations would result in real difficulties, substantial hardship, or injustice, such requirements may be varied or modified (as stipulated in subsection (c) hereof) so that the subdivider may subdivide his property in a reasonable manner; provided, however, that the public welfare and interest of the City and the surrounding area are thoroughly protected and the general intent and spirit of these Regulations are enforced. The Planning Commission may make recommendations of variations which may be permitted, but the authority for approval of such variations shall rest with the City Council.
(b) The planned unit development approach to development is encouraged as a means to further the policies and objectives of these Rules and Regulations. These Rules and Regulations may be modified to the degree necessary to accomplish the objectives and standards set forth in the City of Harrison's applicable zoning ordinances for planned unit development of residential, commercial, or industrial subdivisions, or a combination thereof. Provided, however, that such variations shall not exempt the subdivider from the requirements of subdivision plat approval as set forth herein nor have the effect of nullifying the intent and purpose of these Rules and Regulations or the applicable City zoning ordinances.
(c) General Standards for Variations. The Planning Commission shall not grant variations to these Rules and Regulations unless it shall make written findings of fact based upon the evidence presented by each specific case that:
(1) The particular physical surroundings, environmental constraints, shape, topographical or other exceptional condition of the specific property involved would cause extraordinary hardship or exceptional practical difficulty to the applicant, as distinguished from a mere inconvenience, if the provisions of these Rules and Regulations were strictly enforced; and
(2) The conditions upon which the request for a variation is based are unusual to the property for which the variation is sought and are not applicable generally to other property; and
(3) The purpose of the variation is not based exclusively upon a desire to obtain additional income from the property; and
(4) The granting of the variation will not be detrimental to the public health, safety, or general welfare or injurious to other property or improvements in the neighborhood in which the property is located; and
(5) The special circumstances or conditions are created by the provisions or requirements of these Rules and Regulations and have not resulted from any act of the applicant or applicant's predecessor in interest; and
(6) The variation requested is the minimum adjustment necessary for the reasonable use of the land.
(d) Conditions. In approving variations, the Planning Commission may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these Rules and Regulations.
(e) Procedures. A petition for any such variation shall be submitted in writing by the subdivider on a form provided by the City Planning Commission at the time when the Preliminary Subdivision Plan is filed for consideration by the Planning Commission or at the earliest point in the process after the need for the variance becomes evident. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.