A. Power To Waive Or Modify Requirements: Whenever a tract to be subdivided is of such unusual size or shape or is surrounded by such developments or unusual conditions that the strict application of these regulations would result in substantial hardship or inequity, the council may waive or modify such requirements so the subdivider may develop the property in a reasonable manner, but assuring that the public welfare and the interests of the city are protected, the general intent and spirit of these regulations are preserved and conformity to the comprehensive plan is assured.
1. In requesting any such modifications or waiver, the subdivider or his/her representative shall make written request to the administrator.
2. Such request, together with such related data and maps as necessary to fully illustrate the relief sought, shall be referred by the administrator, in writing, to the city council within thirty (30) days of receipt of the administrator, but allowing a minimum of ten (10) working days' review period prior to the council meeting.
3. The council shall act upon such request at its next regular meeting.
4. Approval of such modifications shall require a majority vote of the regular membership of the council. The council shall approve, conditionally approve, or disapprove the modification, waiver or appeal.
B. Conditions: In granting waivers and/or modifications from these regulations, the council may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements so waived or modified.
C. Appeal: Any person, firm, or corporation may appeal the decision of the council to the district court in the same manner and within the same time as other appeals may be taken from orders of the council. (Ord. 193, 12-13-2001)