A. Confirmation Of Hardship: In case the application of the standards and requirements of this chapter to a particular parcel would create an unnecessary hardship peculiar to the size, location, configuration, or other factors that affect the specific subdivided or unsubdivided parcel abutting a principal or minor arterial street, an applicant may request a variance from the standards and requirements of this chapter, provided:
1. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter or the comprehensive plan; and
2. The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.
B. Application: Variances shall be requested at the time of filing an application for subdivision, an access permit, site plan review, or a building permit.
C. Applicable Circumstances: Circumstances by which a variance may be granted include:
1. A parcel abutting a principal or minor arterial street that is of a size, location, or configuration that cannot reasonably comply with the standards and requirements of this chapter;
2. A parcel under individual ownership abutting a principal or minor arterial street for which no other feasible or reasonable means of access is available;
3. A parcel under individual ownership that is adjacent to an undeveloped parcel(s) under separate ownership for which a reasonable offer of common access and internal cross access was declined by the adjacent landowner(s); or
4. A parcel under individual ownership that is adjacent to an undeveloped parcel which includes a notation on a subdivision plat or records a covenant by separate legal instrument ensuring that internal cross access will be provided and access will be consolidated into a common, single access upon development of the adjacent parcel. (Ord. 6124, 6-28-2010)