A. General: Where the planning commission finds that extraordinary hardships or practical difficulties may result from strict compliance with this title and/or the purpose of this title 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 this title; and further provided, the planning commission 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 will not be detrimental to the public safety, health or welfare or injurious to other property;
2. The conditions upon which the request for a variance are based are unique to the property for which the variance is sought;
3. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result;
4. The variances will not in any manner vary the provisions of this title or conflict with the comprehensive plan.
B. Conditions: In approving variances, the planning commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this title.
C. Procedures: A request for a variance shall be submitted in writing by the subdivider when the preliminary plat is filed. The request shall state the grounds for the application and the facts relied upon by the subdivider. Approval shall require the concurring vote of a majority of the full membership of the metropolitan area planning commission (MAPC). (Ord. 594, 8-5-1997)
If the variance request is in an established area after plat approval, the applicant must pay twenty five dollars ($25.00) with the application to the city, after which the building inspector (code enforcement officer) shall issue written notice at least ten (10) days prior to a hearing to the immediately adjacent property owners (not related or owned by applicant) within one hundred feet (100') of the subject property.
The hearing shall be scheduled before the subcommittee of the planning commission, which shall thereafter make a recommendation to the full planning commission. In the absence of appointment of a planning commission, the city council, sitting en banc, shall serve in such capacity as the final authority to make administrative variance decisions. (Ord. 745, 7-19-2011)