(A) The Council may grant a variance of these subdivision regulations in any particular case where the subdivider can show that the strict compliance with these regulations imposes practical difficulties to the subdivider in the use of his or her land. PRACTICAL DIFFICULTIES include, but are not limited to, inadequate access to direct sunlight for solar energy systems.
(B) A variance may be granted only if the Council finds that all of the following circumstances exist:
(1) The variance is in harmony with the general purposes and intent of these regulations;
(2) The variance is consistent with the Comprehensive Plan;
(3) The subdivider proposes to use the property in a reasonable manner not permitted by these regulations or Ch. 160 of this code of ordinances;
(4) Unique circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of these regulations has had no control. The unique circumstances do not result from the actions of the applicant;
(5) The variance does not alter the essential character of the neighborhood;
(6) The variance requested is the minimum variance which would alleviate practical difficulties. Economic conditions alone do not constitute practical difficulties; and
(7) The Council may impose such conditions upon the premises benefitted by the variance, as may be necessary to comply with the standards established by this section or to reduce or minimize the effect of the variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(Prior Code, § 1205.02) (Ord. 861, passed 09-22-2011; Ord. 972, passed 02-10-2020)