(A) The City Council may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the City Council shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings here below required, the City Council shall take into account the probable effect of the variance upon traffic conditions and upon the public health, safety and welfare. No variance shall be granted unless the City Council finds:
(1) There are special circumstances or conditions affecting the applicant involved so that the strict application of the provisions of this subchapter would place undue hardship upon the applicant;
(2) The granting of the variance will not be detrimental to the public health or safety, or injurious to other property in the area;
(3) The granting of the variance will not have the effect of diminishing the intent and purpose of this subchapter; or
(4) Prior to granting a variance, it shall be placed on the agenda of at least one regularly scheduled City Council meetings, publicly read and public input actively solicited. Roll call ballots will be required and the detailed results of the roll call ballot will be recorded in the minutes of the City Council meeting.
(B) The findings of the City Council together with the specific facts, upon which the findings are based, shall be incorporated into the official minutes of the City Council meeting at which the variance is granted.
(C) Variances may be granted only when in compliance with the legal intent of this subchapter and the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the applicant, standing alone, shall not be deemed to constitute undue hardship.
(Ord. passed 11-15-2011)