A. General: The city may find that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal. It may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations. The city shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
1. The granting of the variance would be beneficial to the public safety, health, or welfare, and not injurious to other property located adjacent to the proposed modification.
2. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought, and are not applicable generally to other property.
3. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out.
4. The variance is consistent with provisions of the zoning ordinance and proper development of the area.
B. Conditions: In approving variances, the city may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements of these regulations.
C. Procedures: A petition for any such variance shall be submitted on the city form and with appropriate fees by the subdivider for the consideration of the planning commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner. Action will be taken to grant or deny the variance within sixty (60) days of its receipt by the planning commission. (Ord. 232, 12-2-2002)
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