(A) The Planning Commission may recommend a variation to the City Council from the requirements of subdivision planning procedure or public improvements when a group housing or cluster development is proposed or in specific cases when the tract to be subdivided is of such unusual size, shape or character or is surrounded by such development or unusual conditions that the strict compliance with the requirements of this chapter would result in substantial hardship or injustice.
(B) The standards and requirements of these regulations may be modified by the City Council in the case of plans which, in the judgments of the Commission, achieve substantially the objectives of this chapter and which are further protected by such covenants or other legal provisions as will assure conformity to and achievement of the plan.
(1) Policy. In recommending any variation, the Commission shall take into account the following:
(a) The location of the proposed subdivision, proposed land use and existing use of land in the vicinity.
(b) 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.
(c) Those variations that will allow the subdivider to develop his or her property in a reasonable manner and at the same time preserve the general intent and spirit of this chapter and to protect the public welfare and interests of the city.
(d) In granting variances and modifications, the Commission may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied and modified.
(2) Procedure for variation. Application for any variation shall be submitted in writing to the subdivider at the time the preliminary plan is filed and shall state fully the grounds for the application and the facts relied upon by the petitioner. The Commission shall consider such application, give its written recommendations thereon, with the reasons therefor, at the time of its approval or disapproval of said plan. If the Commission refuses to recommend a variation, the subdivider may at once, without preparing final plat, petition the City Council for a review of the decision of application for variation.
(2009 Code, § 906.07)