Variances from the provisions of this title may be authorized by the City Council, after recommendation by the Planning and Zoning Commission, in accordance with the provisions of this section, if it finds an extraordinary hardship or practical difficulty that results from strict compliance with this title and/or the purpose of this title may be served to a greater extent by an alternative proposal.
A. Statement Of Justification: In applying for a variance from this title, the subdivider or developer shall demonstrate in writing that:
1. The granting of the variance is in keeping with the overall purpose and intent of this title, and will not be detrimental to the public health, safety or general welfare; and
2. The conditions on which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property; and
3. The granting of the variance will alleviate a practical difficulty or particular hardship due to the physical surroundings, shape or topographic conditions of the specific property involved; and
4. The granting of the variance will not negatively affect adjacent properties.
B. Conditions Of Approval: In approving a variance, the City Council may require such conditions as will, in its judgment, secure substantially the purposes described in section 12-1-3 of this chapter, and may require the posting of a construction guarantee to ensure compliance with the conditions imposed.
C. Limitations On Variances: No variance granted pursuant to this section shall relieve a subdivider or developer from complying with all other requirements of law. Nothing provided in this section shall be construed or applied as authority of the City Council to vary any requirements of law other than the provisions of this title.
D. Review Procedure: An application for a variance shall be submitted in writing, and shall state fully the grounds for the application and all of the facts relied upon by the applicant. The Planning and Zoning Commission and City Council may review applications for variances concurrently with the related subdivision or development application, except as otherwise provided by the City Council on a case by case basis.
(Ord. 04-841, 1-19-2004, eff. 2-1-2004)