(A) Where the developer can show that a provision of these regulations would cause unnecessary hardship and where, in the opinion of the Planning Commission, a departure may be made without destroying the intent of such provision, the Planning Commission may recommend a variance. In the event the Planning Commission finds that extraordinary hardship or injustice will result from compliance with these regulations, it may vary the terms thereof to the extent necessary to grant relief, provided:
(1) That special conditions or circumstances exist which are peculiar to the tract or tracts to be subdivided;
(2) That granting the variance requested will not confer on the developer any special privilege that is denied by these regulations to other developers; and
(3) The Planning Commission determines that the variance requested is:
(a) The least deviation from these regulations which will mitigate the hardship;
(b) Not detrimental to the general public interest, health and welfare, and is in keeping with the general intent and purpose of these regulations; and
(c) Not applicable to other subdivisions or developers.
(B) The developer shall make requests for variations in writing, and the requests shall accompany the submission of the preliminary plat. Requests for approval of variations by the Planning Commission shall he considered separately from approval of the final plat of subdivision. The granting of variations shall be by action of the City Council.
(Ord. 88-4582, passed 10-18-1988)