(A) Process. In requesting a variance, the applicant must submit a written statement specifying the reasons and conditions a specific variance should be submitted to the Council before the presentation of the final plat. In granting or denying a variance, the Council shall make a written record of its findings and reasons for supporting or denying the variance. Such findings shall be kept on file as a matter of public record.
(B) Application. The Council may authorize conditional variance to requirements of this chapter. A variance may be granted only in the event that all of the following circumstances exist:
(1) Exceptional or extraordinary circumstances apply to the property that do not apply generally to other properties in the same vicinity and result from tract size or shape, topography or other circumstances;
(2) The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same vicinity possess;
(3) The variance would not be materially detrimental to the purposes of this chapter, or to property in the same vicinity in which the property is located, or otherwise conflict with the objectives of any city plan or policy; and
(4) The variance is the minimum variance which would alleviate the hardship and the hardship was not self-imposed.
(Ord. 2009-01, passed - -2009)