(A) Generally. Any subdivider desiring a variance from the requirements of these regulations shall file a written application therefor with the Administrator at the same time that he files his or her preliminary plat. The application shall specify the variance requested, fully explain the grounds therefor, and state the section hereof which, if strictly applied, would cause great practical difficulties or hardship. The Administrator shall promptly forward the variance application to the City Engineer and City Council for review.
(B) Variance review by the City Council. The City Council shall review the variance application concurrently with the preliminary plat, and at the same meeting at which they take action on the preliminary plat, they shall decide on the basis of the standards set forth in division (C) whether to grant—with or without modifications—or to deny the requested variance. A copy of the City Council’s decision, clearly stating their reasons therefor and exact terms of any variance granted, shall be attached to the preliminary and final plats.
(C) Standards for variances. The City Council shall not grant any subdivision variance unless, considering the conditions to be attached to the variance (if any), they determine that:
(1) The proposed variance is consistent with the general purposes of these regulations (see § 156.02); and
(3) The proposed variance is the minimum deviation from such requirements that will alleviate the difficulty/hardship; and
(4) The plight of the applicant is due to peculiar circumstances not of his or her own making; and
(5) The peculiar circumstances engendering the variance request are not generally applicable to other tracts and, therefore, that a variance would be a more appropriate remedy than an amendment (see § 156.83).
(Ord. 1402, passed 2-24-1998)