(A) The Planning Commission may recommend a variance from the provisions of this chapter when, in its opinion, undue hardship may result from strict compliance.
(B) In recommending any variance, the Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest.
(C) In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and 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.
(D) A variance shall only be recommended when the Planning Commission finds:
(1) That there are special circumstances or conditions affecting the property so that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(2) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which property is situated; and
(3) That the variance is to correct inequities resulting from an extreme physical hardship such as topography and the like.
(E) After consideration of the Planning Commission recommendations, the City Council may grant variances, subject to divisions (D)(1), (2) and (3) above.
(F) Any recommendations for variances to the City Council in connection with the acceptance of the final plat of a subdivision shall be made through the Planning Commission.
(G) The application for any variance shall be made in writing at the time when the preliminary plat is filed. The application shall include the specific variances requested, the location of those variances and how it varies from the provisions of the chapter.
(H) The written application shall be submitted to the Planning Commission for their advice and recommendation, and the Planning Commission shall report on the provisions set forth above. The Planning Commission shall submit their recommendations to the City Council within 60 days after receiving the written application from the Zoning Administrator. The granting of a variance shall require the affirmative vote of 4/5 of the full Council
(Prior Code, § 19.109)