§ 154.043 ACTION BY CITY COUNCIL; VARIANCE STANDARDS.

   (A)   At the same meeting at which they take action on the application for preliminary plat approval (see § 154.020(C)), the City Council shall decide by resolution whether to grant or deny the requested subdivision variance.

   (B)   A copy of its decision, clearly stating their reasons therefor and the exact terms of any variance granted, shall be attached to both the preliminary and final plats.

   (C)   The City Council shall not grant any subdivision variance unless, based upon the information presented to it, it determines that:

      (1)   The proposed variance is consistent with the general purposes of this code (§ 154.001);

      (2)   Strict application of the subdivision requirements (see §§ 154.060 through 154.075) would result in great practical difficulties or hardship to the applicant, not a mere inconvenience;

      (3)   The proposed variance is the minimum deviation from the subdivision requirements that will alleviate the difficulties/hardship;

      (4)   The plight of the applicant is due to peculiar circumstances not of his or her own making;

      (5)   The peculiar circumstances creating the variance request are not applicable to other tracts and, therefore, that a variance would be a more appropriate remedy than a code amendment; and

      (6)   The variance, if granted, will not materially frustrate implementation of the municipal comprehensive plan including the official map.

(1999 Code, § 34-4-4)