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The following shall apply to the granting of variances or exceptions:
A. Hardships: Where the governing body finds that extraordinary hardships or particular difficulties regarding the physical development of land may result from strict compliance with these regulations, it may make variations or exceptions to the regulations so that substantial justice may be done and the public interest secured; provided, that such variation or exceptions to these regulations meet the following criteria:
1. The granting of the variation will not be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
2. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought, and are not applicable, generally, to other property.
3. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were carried out.
4. The purpose of the variation is not based exclusively upon a desire to make more money out of the property.
B. Conditions: In granting variations and exceptions, the governing body may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
C. Procedure For Variance: A petition for any such variation or exception shall be submitted in writing by the developer at the time when the preliminary plat is filed. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner. (Ord. 94-90, 3-8-1994, eff. 3-8-1994)