(A) General. The City Council may grant a variance upon receiving a report from the Planning Commission in any particular case where the subdivider can show that by reason of exceptional topography or other existing physical conditions the strict compliance with these regulations could cause an exceptional and undue hardship on the enjoyment of a substantial property right; provided, such relief may be granted without detriment to the public welfare and without impairing the intent and purpose of the regulation. Unusual hardship includes, but is not limited to, adequate access to direct sunlight for solar energy systems.
(B) Application required. Application for any such variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for consideration by the Planning Commission, stating fully all facts relied upon by the petitioner, and shall be supplemented with maps, plans or other additional data which may aid the Planning Commission and Council in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.
(C) Public hearing. Any variances from the subdivision ordinance shall be noted in the notice of public hearing for the subdivision.
(D) Minutes. Any variance or modification thus granted shall be entered in the minutes of the Council setting forth the reasons which justified the action.
(1992 Code, § 315:24) (Ord. 1069, passed 3-2-1993)