(A) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of these regulations, the Council, following consideration of the Planning Commission, shall have the power to vary the requirements established in harmony with the general purpose and intent thereof, so that the public health, safety, and general welfare may be secured and substantial justice done.
(B) In particular, for subdivisions of five or fewer lots, certain requirements of these regulations may be waived if the Council, following consideration by the Planning Commission, so determines, and following compliance with procedures as follows.
(1) Simple lot split. When one parcel or lot of record is divided to result in two lots of parcels, the platting procedures as set forth in the subdivision regulations may be waived if approved by the Council. Transfer of title or the process of subdividing may, at the discretion of the Council, be satisfied by one of the following methods.
(a) The filing of a final plat.
(b) Certificate of survey.
(c) Registered land survey (for registered land).
(d) Recording of title.
(2) Creation of three to five lots. When any parcel of land is divided in from three to not more than five lots, submission requirements such as soil tests and topography information shall be as required by the Council. Transfer of title, or the process of subdivision, may be by filing of a final plat or registered land survey. Additional information may, however, be required by the Planning Commission or Zoning Administrator following review of the preliminary plat. The Council may require the filing of a final plat in lieu of a registered land survey.
(Ord. 217, passed 11-28-1994) Penalty, see § 10.99