(A) General. Where the City Council finds that undue hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations. The City Council may approve low impact development designed stormwater systems that vary from the design standards above provided the development is certified under the City of Palm Bay’s Green Development Incentive Program.
(B) Procedures. A petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the City Council. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Ord. 96-05, passed 2-15-96; Am. Ord. 2010-88, passed 1-6-11)