(a) Variances. Where the subdivider can show that strict adherence to provisions of this chapter would cause unnecessary hardship and where, in the opinion of the Planning Commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the Planning Commission may recommend a variance. Any variance thus recommended is required to be entered in writing in the minutes of the Planning Commission and the reasoning on which the departure was justified shall be set forth. Notwithtanding any other provision of this Planning and Zoning Code and Chapter 175, when a subdivision plat that includes a request by the subdivider for variances, including, but not limited to dimensional variances, is before the Planning Commission, the Planning Commission shall have authority to recommend approval of the plat with the variances without further necessity of separate approval by the Board of Zoning Appeals, so long as the minimum notification is given pursuant to Section 175.06 of the Codified Ordinances. If the plat is approved by Council, or if the plat should stand as approved by Council, then the variances recommended for approval by the Planning Commission shall be deemed authorized.
(b) Exceptions.
(1) The sale or exchange of parcels of land to or between adjoining property owners or a split of adjoining property by the same owner, where such sale, exchange or split does not create additional buildable lots, or reduce any lot to an area less than required by this Planning and Zoning Code or reduce any front, side, or rear setback of existing buildings to less than required by this Planning and Zoning Code, or create a change in any zoning district, shall be exempt from Planning Commission review, provided that notice of such sale, exchange or split shall be submitted to the Zoning Administrator, along with a survey of the premises. If the survey indicates compliance with this Planning and Zoning Code, and an adequate legal description of the property that is to be transferred is provided, along with other applicable information as required by the Zoning Administrator, then the Zoning Administrator shall in the name of the City sign the survey and release the document for recording upon the payment of the review fee.
(2) The exception clause is intended to be used for the purpose of straightening lot lines between unusually shaped parcels of land or transferring small parcels of land for the convenience of property owners. The Zoning Administrator shall not approve transfer of land which will result in odd or unusual shaped parcels of land or to avoid the subdivision regulations of this chapter.
(Ord. 074-10. Passed 12-20-10.)