(a) The platting board may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. For the purposes of this section, the term "hardship" shall refer to conditions where reasonable development of a tract is rendered impossible because of a physical limitation but shall not include financial hardship.
(b) In granting any variance the platting board shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, the platting board shall take into account the nature of the proposed use of land, 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 granted unless the platting board finds that there are special physical conditions affecting the property such that the strict application of the provisions of this section would deprive the applicant of the reasonable use of his land.
(c) In approving variances, the platting board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this section.
(d) The application procedure for filing a variance request and proof of need shall adhere to the following:
(1) Application for exception. Application for a variance may be made with respect to a proposed subdivision, proposed major or minor partitions, by filing a request for same with the City Clerk. Such application shall be supported by a full disclosure of all material facts upon which petitioner proposes to rely in seeking such variance, including a copy of map or preliminary plat of the proposed partitioning or subdivision;
(2) Findings required. A variance from the standards of this title shall not be granted by the Planning Commission unless the Commission finds from the facts presented at the hearing all of the following:
a. that there are special circumstances or conditions affecting the property which are unusual and peculiar to the lands or development of the project involved as compared to other lands similarly situated;
b. that the variance sought is necessary and the minimum required for the preservation and protection of a substantial property interest of the petitioner to the degree that extraordinary hardship would result from strict compliance to the particular subdivision, major or minor partitioning involved;
c. that the granting of the variance will not be detrimental to the public health, safety or welfare, but will be consistent therewith and shall not be injurious to the rights of other property owners in the near vicinity nor constitute a departure from or be in violation of the Comprehensive Plan of the City of Sand Point;
d. That the applicant's proposal for variance in a subdivision or major or minor land partitioning conforms to and is consistent with all other regulatory requirements of this title and Chapter 6 of this code, that adequate provision is made for traffic circulation, recreation, open spaces and similar factors, and that variance sought has been considered by other public agencies concerned with fire protection, sewer, water and other utilities, as well as environmental factors, and the written comments of such regulatory bodies as applicable is submitted as part of the record.
(Ord. 81-11, passed 6-3-81)