(A) The decision on a variance request shall be based on a finding that practical difficulties result from strict compliance with specific provisions or requirements of the chapter. In making its finding, the City Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance or waiver shall be recommended unless the City Commission finds that:
(1) There are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land.
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.
(4) The variance or waiver will not violate the provisions of the Land Division Act (Michigan Public Act 288 of 1967, as amended) nor create a violation of the City Zoning Ordinance.
(5) The variance or waiver will not have the effect of nullifying the intent and purpose of this chapter and the City Master Plan.
(Ord. 152, passed 1-19-99)