The planning and zoning commission may recommend to the board of county commissioners a variance from the provisions of this title on a finding that undue hardship may result from strict compliance with specific provisions or requirements of this title or that application of such provision or requirement is impracticable. The commission shall only recommend variances that it deems necessary to or desirable for the public interest. In making its findings, as required hereinbelow, the commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be recommended unless the commission finds that there are special conditions, such as:
A. That there are such special circumstances or conditions affecting said property that the strict application of the provisions of this title would clearly be impracticable or unreasonable. In such cases the developer shall first state his reasons in writing as to the specific provisions or requirement involved and submit them to the planning and zoning commission.
B. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated.
C. That such variance will not violate the provisions of the Idaho Code.
D. That such variance will not have the effect of nullifying the interest and purpose of this title, title 8 of this code, and the comprehensive plan of the county. (Ord. 2009-04, 6-15-2009)