(A) Concurrently with or separately from consideration of a preliminary plat or recordable plat, the Commission may authorize a variance from this chapter when, in its opinion, undue hardship will result from requiring strict compliance. In considering a variance, the Commission shall allow only conditions that it deems necessary or desirable to the public interest. The Commission shall take into account the nature of the proposed use of land involved and existing uses of the land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of the variance upon traffic conditions, public health, safety, convenience and welfare in the vicinity. No variance shall be approved unless the following is established:
(1) There are special circumstances or conditions affecting the land involved so that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) The variances are necessary for the preservation and enjoyment of a substantial property right of the applicant and that the granting of the variance will not be detrimental to the public health, safety or welfare, and will not be injurious to other property in the area; and
(3) The variance shall not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this chapter.
(B) Findings of the Commission, together with the specific facts on which the findings are based, shall be incorporated under the official minutes of the Commission meeting at which a variance is granted. Variances shall be granted only when in harmony with the general purpose and intent of this chapter, so that the public health, safety and welfare may be secured, and substantial justice done. The Commission shall not authorize a variance to this chapter that would constitute a violation of any other valid ordinance of the city.
(Ord. 08-358, passed 11-18-2008)