In cases in which there is unwarranted hardship in carrying out the literal provisions of these regulations, as to design criteria, (e.g., lot width, lot depth, block length and the like), the Planning Commission may grant a variance from such provision.
(A) An application for a variance shall be made to the Planning Commission. The Planning Commission shall give the applicant and any other interested person an opportunity to be heard with respect to the proposed application for a variance.
(B) The Planning Commission shall not grant a variance unless it shall find that the strict application of these regulations will create an unwarranted hardship, and unless the proposed variance is in harmony with the intended purpose of these regulations and that the public safety and welfare will be protected.
(C) Variances permitted under the provisions of §§ 11-1219 through 11-1223 of this article shall not include variances from the requirements of making improvements required in § 11-1218 of this article, unless approved as provided for in § 11-1221 of this article, the standards of specifications thereof, nor from the provisions of the Zoning Ordinance of the city, except as to variances for minimum lot width and/or area requirements. Consideration of an application for a variance pursuant to §§ 11-1219 through 11-1223 of this article does not relieve the applicant from the necessity of proceeding under the applicable provisions of any other regulations (including zoning regulations) of the city or county relating to variances.
(D) When used in this section, the term
UNWARRANTED HARDSHIP shall mean the complete deprivation of use as distinguished from a mere inconvenience.
(2005 Code, § 11-1267)