(a) Generally. The Planning Commission may recommend to Council a variance from any of the provisions of these Subdivision Regulations on a finding that undue hardship may result from strict compliance with any such provision or that application of such provision is impractical. The Commission shall only recommend variances that it deems necessary to or desirable for the public interest. In making its findings, the 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. No variance shall be recommended unless the Commission finds, after a public hearing, that:
(1) There are such special circumstances or conditions affecting such property that make the strict application of these Subdivision Regulations clearly impractical or unreasonable. In such cases, the subdivider shall first state his or her reasons, in writing, as to the specific provision or requirement involved, and submit such reasons to the Commission.
(2) The granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which such property is situated.
(3) Such variance will not violate any of the provisions of the Subdivision Control Act.
(4) Such variance will not have the effect of nullifying the interest and purpose of these Subdivision Regulations and the Comprehensive Development Plan of the City.
The Commission shall include its findings and the specific reasons therefor in its report of recommendations to Council, and shall also record its reasons and actions in its minutes.
(b) Topographical; Physical Limitation Variance. Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with these Subdivision Regulations would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of these Subdivision Regulations, the Commission may recommend to Council that a variance, modification or waiver of these Subdivision Regulations be granted.
(Ord. 260. Passed 12-7-77.)