A. The planning commission may grant variances from the provisions of these subdivision regulations where there exists an extraordinary hardship or practical difficulty that would prevent strict compliance with these rules or regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal. The planning commission shall consider variances as a separate agenda item prior to action on a preliminary or final plat. The applicant and any other interested person shall be given an opportunity to be heard with respect to the proposed variance request. The planning commission shall not approve a variance unless it shall make findings that all of the following apply:
1. The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other nearby property.
2. The conditions upon which the request is based are unique to the property in question.
3. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience.
4. The proposed variance request is in harmony with the intended purposes of these regulations. (Ord. 1067, 6-19-2006)