(a) Appeals. The disapproval of a landscape plan by the Planning and Zoning Commission may be appealed according to the procedure provided for in Chapter 1234. Council may, upon request of any aggrieved party, review the decision of the Commission and modify such decision if it finds hardship or inconsistency.
(b) Variances. Council, in its review of the recommendations on variance requests, shall base its recommendations on all of the following criteria:
(1) The specific conditions, in detail, which are unique to the applicant’s land and do not exist on other land within the same zone;
(2) The manner in which the strict application of the provisions of this chapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use which other landowners in the same zone are permitted;
(3) A finding that the unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this chapter; and
(4) Reasons that the variance shall preserve, not harm, the public safety and welfare and shall not alter the essential character of the neighborhood.
(Ord. 5-89, passed 5-8-1989)