§ 155.09 VARIANCES.
   (A)   The Planning Commission may recommend to the Council a variance from the provisions of this chapter when, in its opinion, undue hardship may result from strict compliance.
      (1)   In granting any variance, the Council shall take into account the nature of the proposed use of the land, the existing use of the land in the vicinity, number of persons who reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.
      (2)   No variance shall be granted unless the Council finds that:
         (a)   There are special circumstances or conditions affecting the property, such as strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
         (b)   The variance is necessary for the preservation and enjoyment of substantial property rights of the petitioner;
         (c)   The granting of the variance will not be detrimental to the public welfare or injurious to the other property in the territory in which the property is situated; and
         (d)   Strict application of the subdivision regulations would create an undue hardship on a property owner as opposed to mere inconvenience.
   (B)   Recommendations of variances to the Council shall list findings of fact and reasons substantiating the findings of fact.
(Ord. 163, passed - -1981)