Notwithstanding, any provision of this chapter to the contrary, the Planning Commission may, in cases of an unusual or exceptional nature, allow for adjustments in the park land dedication and land acquisition fee regulations and park development fee requirements as established in and required by the provisions of this chapter. Adjustments may be allowed when, in the opinion of the Planning Commission, it has been determined and satisfactorily shown that the character of the particular subdivision or development and the park and recreation needs generated by and associated with any subdivision or development sufficiently justify such an adjustment or adjustments. However, no adjustment from the strict application of any provision of this chapter shall be granted by the Planning Commission unless it finds, beyond a reasonable doubt, that all the following facts and conditions exist:
(a) That special conditions and circumstances exist which are peculiar to the land involved, and which are not applicable to other lands in the immediate vicinity.
(b) That the special conditions and circumstances do not result from the actions of the applicant.
(c) That gaining the variance requested will provide the minimum necessary relief to alleviate the hardship and will not confer on the applicant any special privilege which is denied by this chapter to the other lands, structures or buildings in the same vicinity.
(d) That granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(Ord. 115-03. Passed 10-2-03.)