A. Modifications Of Requirements:
1. Upon recommendation of the planning and zoning commission or on its own motion, the city council may vary, modify or waive the requirements of chapter 3, "Design Standards And Required Improvements", of this title, provided one of the following qualifying circumstances are met:
a. If the subdivider can demonstrate that strict compliance with the requirements of chapter 3 of this title would result in extraordinary hardship because of excessive costs due to nonself-inflicted conditions; and if the subdivider can demonstrate that strict compliance with the requirements of chapter 3 of this title would conflict with the objectives of these subdivision regulations; or
b. If a subdivider can demonstrate that strict compliance with the requirements of chapter 3 of this title would result in subdivision design that would compromise public health or safety, or could result in the substantial degradation of natural features even after application of appropriate provisions of title 14, chapter 5, article I, "Sensitive Lands And Features", of this code.
2. City council may act to vary, modify or waive a requirement only if it finds that the public safety and interest is protected and that such variance, modification, or waiver will not hinder development of neighboring properties and that the variance, modification or waiver will not nullify the intent or purposes of this title or of other titles of this code.
B. City Council Action: The city council must approve any variance, modification, or waiver of the general requirements set forth in this title and must note this approval in the resolution approving the final subdivision plat. (Ord. 08-4313, 8-26-2008)