12.04.030 Variance.
   (a)   Applications for a variance from the provisions of Section 12.04.010 shall be made in writing to the planning commission in such form as is approved by the planning commission. The planning commission may provide forms for such purposes and may prescribe the type of information to be provided thereon. No petition shall be received unless it complies with such requirements. The planning commission shall give the applicant for such variance an opportunity to be heard if he so desires, and thereafter may grant or deny the application for the variance or may grant thy same upon such conditions as the planning commission deems necessary for the preservation of the safety, health or property of the general public.
   (b)   The planning commission upon such application, or on its own motion, may grant a variance from the provisions of this section for one or more of the following reasons:
      (1)   The construction of sidewalks or curbs and gutters in the area involved is included in a budgeted city project or within an approved assessment district;
      (2)   Because of the location of the property, the terrain or condition thereof, the construction of sidewalks or curbs and gutters would be impractical or unnecessary or would impose undue hardship on the owner of the property.
(Ord. 64 § 4, 1963; Ord. 46 § 1 (part), 1962; prior code § 6702).