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(a) Modifications and Exceptions for Practical Difficulties.
(1) Where it can be shown in the case of a proposed subdivision that strict compliance with the requirements of one or more of the provisions of Chapter 1236 of these Subdivision Regulations is impractical due to the specific circumstances of the subdivision, or that these conditions would result in retarding the achievement of the objectives of these Regulations, then the Planning Commission may recommend, subject to approval of Council, that the specific provisions be varied, modified or waived after making findings of fact setting forth the reasons therefor, so that substantial justice may be done and the public interest secured. Any such determination shall be based fundamentally on findings that exceptional conditions not caused by action of the subdivider require such exception and that the granting thereof will not adversely affect the general public nor have the effect of nullifying the intent of these Regulations or of the General Development Plan.
A. In no case shall any exception be more than the minimum easing of the requirements necessary to resolve the difficulty; in no case shall it have the effect of reducing the traffic capacity of any major or secondary road and in no case shall it be in conflict with existing zoning regulations.
B. In granting exceptions, the Commission shall make findings of fact and state reasons therefor, and may require such conditions, subject to approval of Council, as will, in its judgment, secure substantially the objectives of the standards and requirement so affected.
C. No exception shall be granted to resolve practical difficulties which result from failure of the subdivider to evaluate the property and its conditions, to determine the applicable regulations, to care fully plan and design the improvements, or to otherwise anticipate and prepare a conforming and feasible plan of development.
(3) Application. The subdivider shall submit an application for an exception in writing to the Director of Planning simultaneously with the preliminary plat for the subdivision. The application shall explain in detail the reasons for and facts supporting the request.
(Ord. 2-2004. Passed 2-23-04.)