A. The city council may authorize variances, with conditions, to the requirements of this title. Application for a variance shall be made by a petition of the land divider, stating fully the grounds of the application and the facts relied upon by the petitioner. The petition shall be filed with the tentative plan or map. A variance may be granted only in the event that all of the following circumstances exist:
1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same vicinity and result from tract size or shape, topography or other circumstances over which the owners of the property have no control.
2. The variance is necessary for the preservation of a property right of the applicant substantially the same as possessed by owners of other property in the same vicinity.
3. The variance would not be materially detrimental to the purposes of this title or to property in the same vicinity in which the property is located or otherwise conflict with the comprehensive plan.
B. In granting or denying a variance, the city council shall make a written record of its findings and the facts in connection therewith, and shall describe the variance granted and the conditions designated. The city shall keep the findings on file as a matter of public record.
C. The planning commission may authorize variances for minor partitions under the same conditions and following the same procedures set forth in subsections A and B of this section. (Ord. 542, 8-11-2003)