(A) The Planning and Zoning Commission may recommend to the City Council a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. Any variances requested must be submitted in writing by separate instrument at the time the preliminary plat is filed with the Planning and Zoning Commission. In recommending a variance, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the finding hereinbelow required, the Planning and Zoning Commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity.
(B) No variance shall be recommended unless the Planning and Zoning Commission finds:
(1) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(3) The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. Such findings by the Planning and Zoning Commission, together with the specific facts upon which such findings are based, shall be set out in writing by the Planning and Zoning Commission at the meeting at which such variance is recommended. Variances may be recommended only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
(2004 Code, § 7-113) (Ord. 83-10, passed 12-22-1983; Ord. 82-9, passed 8-24-1982; Ord. 2003-12, passed 10-20-2003)