§ 159.10 VARIATIONS AND EXCEPTIONS.
   (A)   When a subdivider can show that a provision of this Article would cause unnecessary hardship if strictly adhered to and when, in the opinion of the Plan Commission because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the Plan Commission may recommend a Variance or modification to the City Council. The subdivider shall apply in writing for such Variance or modification. Any Variance thus recommended shall be entered in writing in the minutes of the Plan Commission and the reasoning on which the departure was justified shall be set forth. Any variance or modification authorized by the Council should be made by resolution and a copy thereof shall be attached and made a part of the Final Plat.
   (B)   An exception may be made from the specifications and procedures in the case of a subdivision containing not more than three lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities, and not adversely affecting the development of the remainder of the parcel and not in conflict with any provisions or portion of the Comprehensive Plan, Official Maps, Zoning Ordinance, or this Article.
   (C)   A plat of the proposed minor subdivision shall be submitted to the Secretary of the Plan Commission at least one week prior to the Planning Commission meeting, at which consideration is desired with four, black and blue line prints of the proposed minor subdivision, who in turn will forward their recommendation and the plat to the Council for action. Action by the Council shall take place at its next stated meeting. Approval of the Council should be indicated on the original drawing by affixing of the signatures of the Mayor and City Clerk and the plat will be returned to the applicant to be filed for record in the Office of the County Clerk.
(Prior Code, Art. 17, § 17.10)