(a) The general principles of design and the minimum requirements for the laying out of subdivisions, stipulated in Chapter 1248, may be varied by the Commission in the case of a subdivision large enough to constitute a more or less self-contained neighborhood to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions, which, in the judgment of the Commission, make adequate provision for all essential community requirements; provided, however, that no modifications shall be granted by the Commission which would conflict with the proposal of any Major Street Plan in effect at the time of the submission of the plat, or with the intent and purposes of such general principles of design and minimum requirements.
(b) In any particular case where the subdivider can show that by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of these Regulations would cause practical difficulty or exceptional and undue hardship, the Commission may relax such requirements to the extent deemed just and proper, so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public good and without impairing the intent and purposes of these Regulations, or the desirable general development of the neighborhood and the community in accordance with any Major Street Plan in effect at the time of the submission of the plat, and the Zoning Code. Any modification thus granted shall be entered in the minutes of the Commission setting forth the reasons which, in the opinion of the Commission, justified the modification.
(c) Any such variance or hardship exception shall be considered only after proper application has been made pursuant to Chapter 1293 and fees paid pursuant to Chapter 1295.
(d) In cases where a variance is granted, the Secretary of the Planning Commission shall immediately notify the Planning Director and Council of any variance granted by the Planning Commission under this section. Council may, at either of its next two ensuing regular meetings, by motion, take action to either reverse, affirm or modify the decision of the Planning Commission in any case where a variance is granted. If no action is taken by Council at its next two ensuing regular meetings, the decision of the Planning Commission shall be final. If the variance, as granted by the Planning Commission and reviewed by Council, contains conditions which are later modified by action of the Planning Commission, such modification shall be forwarded to Council, and Council may, at either of its next two ensuing regular meetings, by motion, take action to either reverse, affirm or modify the decision of the Planning Commission in any case where a modification of a condition is granted. If no action is taken by Council at its next two ensuing regular meetings, the decision of the Planning Commission shall be final.
(e) Any person adversely affected by any final decision of the Planning Commission concerning a variance in the application of ordinances, resolutions, regulations, measures and orders governing zoning in the municipality, may, within 14 days after the date of the Clerk’s notification to the applicant, appeal said decision to Council. Notice of the Commission’s decision shall be sent by the Clerk by certified mail to the applicant. To the extent that it is reasonable and practical, within 30 days after receipt of the appeal, the Council shall hear and decide said appeal in accordance with standards and procedures established by Council. If no action is taken by Council within the 30-day period for Council’s review, the decision of the Planning Commission shall be final.
(Ord. 1994-186, passed 1-3-1995; Ord. 2002-15, passed 3-4-2002)