(a) A variance from the provisions of these Subdivision Regulations may be granted as follows:
(b) If the proprietor demonstrates that literal enforcement of these Regulations is impractical, or will impose undue hardship in the use of land because of special or peculiar conditions pertaining to the land, the City Council, upon recommendation of the Planning Commission, may permit a variance or variances which are reasonable and within the general policy and purpose of these Regulations. The City may attach conditions to the variance.
(c) A petition for a variance shall be submitted along with the preliminary plat. Notice that request for a variance has been received shall be included in the notice of public hearing on the preliminary plat provided therein, and the variance shall be considered during the process of considering the preliminary plat. If a request for a variance arises because of unforeseen circumstances after preliminary plat review, a request for a variance may be submitted, and a recommendation made by the Planning Commission to the City Council, after public hearing following notice given in accordance with Section 1226(a).
(Ord. 389. Passed 3-6-01.)