(A) Applications. Applications for any variance may be submitted in writing to the City Administrator by any aggrieved party at any time stating fully and clearly all facts relied upon by the petitioner. The petition may be supplemented with maps, plans, or other additional data which may aid the Planning Commission in the analysis of the proposed variance. Overall plans for any development shall be included with the covenants, restrictions, or other legal provisions necessary. The application shall be forthwith transmitted to the Planning Commission.
(B) Hearing. At the time of its first consideration of the application, the Planning Commission shall determine whether or not other persons are affected by the request and if so shall forthwith set a date for hearing and give the mailed or published notice of hearing that seems reasonable under the circumstances. Findings shall be made by the Planning Commission and transmitted to the Council which may review and adopt the same or remand for rehearing. Upon adoption the findings shall be forthwith transmitted to all interested parties and served upon them by mail.
(C) Grounds. No variance shall be granted unless the Planning Commission finds:
(1) That there are special circumstances affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land; and
(2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and
(3) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
(1998 Code, § 11.10)