(A) The Planning Commission may recommend a variance from the provisions of this chapter when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the protection of the public interest. In making its findings, as required herein below, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.
(B) No variance shall be granted unless the Planning Commission finds:
(1) That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
(3) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which property is situated.
(Ord. 334, passed 12-27-2004)