12-1-7: MODIFICATION OF PROVISIONS:
Whenever it would be inadvisable to apply a provision of this title because a tract is of such unusual size, shape, or character as would render an extraordinary hardship not created or imposed by the owner or developer, the planning commission may modify such provisions only to provide that substantial justice may be done, the public interest secured, and the intent and spirit of this title fulfilled; provided, that in no event shall the requirements of procedure or improvements be waived. Such modification thus granted shall be made at the written request of the developer stating the reasons for such modification and shall be waived only by three-fourths (3/4) vote of the regular membership of the planning commission. Any such modifications thus granted shall be duly entered and recorded in the minutes of the planning commission, with the reasons justifying the modifications set forth therein. (1997 Code § 12-471)