The Planning Commission may vary or modify regulations only under the following conditions.
(Ord. passed 2- -1985, § 6.100)
(A) Hardship. If it is found by the Planning Commission that strict enforcement of these regulations would create an undue hardship because of the extraordinary or unique physical conditions that exist on the property to be subdivided, and which are not found usually within the area of jurisdiction of this chapter, any variance shall be to the extent necessary to provide relief for the undue hardship. Financial disadvantage alone to the property owner is not proof of hardship within the purpose of these regulations.
(Ord. passed 2- -1985, § 6.101)
(B) Absence of detriment. No granting of a variance shall be materially detrimental to the public welfare or injurious to the surrounding improvements or subdivisions.
(Ord. passed 2- -1985, § 6.102)
(C) Conformance to regulations. The granting of the variance shall not be contrary to the objectives of these subdivision regulations or the comprehensive plan.
(Ord. passed 2- -1985, § 6.103)
(D) Conditioned variance. In granting a variance or modification, the Planning Commission may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements so varied or modified.
(Ord. passed 2- -1985, § 6.104)
(E) Design innovations. Design innovations which, in the opinion of the Planning Commission, achieve the basic objectives of these regulations may be granted a variance or modification of these regulations. The Planning Commission shall require those conditions, such as covenants or other legal provisions, which it feels are necessary to assure conformity to and achievement of the proposed subdivision plan.
(Ord. passed 2- -1985, § 6.105)
(F) Variances in conflict with the zoning regulations. When a variance from the subdivision regulations is granted, and this variance would constitute a variance from an adopted zoning ordinance, the variance shall only be granted by the Planning Commission with the condition that the variance is granted by the Board of Zoning Adjustment. An application for a variance shall first be considered by the Planning Commission, and then by the Board of Zoning Adjustment. The Board of Zoning Adjustment shall have jurisdiction only where the zoning ordinance is in effect, and shall follow the procedure set forth in that zoning ordinance. In no case shall such a variance create a density more than minimally different from the requirements as established by the zoning ordinance.
(Ord. passed 2- -1985, § 6.106)
(G) Variance procedure. The applicant, at the time of submission of the preliminary plat application, shall submit as part of the application any variances desired from the subdivision regulations. The variances shall be listed by the applicable section and reasons for the granting of each variance shall be given in writing as part of the application. The Planning Commission will review the variances and state the reasons for approval or denial of the variances in the minutes of the meeting.
(Ord. passed 2- -1985, § 6.700)