(a) Exceptional Conditions. The Planning Commission may grant a variance to these Subdivision Regulations where, by reason of the unusual shape of a specific piece of property or by reason of exceptional topographical conditions, the strict application of these Regulations would result in extreme practical difficulties and undue hardship upon the owner of such property, provided, however, that such relief may be granted without detriment to the public good and without substantially impairing the intent and purpose of these Regulations. In granting such a variance or modification, the Commission may require such conditions as will substantially secure the objectives of the standards or requirements so varied or modified. Financial disadvantage to the property owner is not proof of hardship within the meaning of these Regulations.
(b) Group Housing Developments. A comprehensive group housing development, including the large scale construction of housing units, together with necessary drives and ways of access, may be approved by the Commission although the design of the project does not include standard street, lot and subdivision arrangements, provided that departure from the standards of these Regulations can be made without destroying their intent.
(c) Procedural Variance. Where a proposed subdivision would contain no new streets and not more than ten lots, or not more than five lots if any new street is planned, the procedure of preparing a preliminary plat may be waived by the Commission following an application for a variance.
(Ord. 2005-34. Passed 12-12-05.)