§ 154.096 SUBDIVISION VARIANCES.

   (A)   Application to be filed. Any subdivider/developer desiring a variance from the requirements of this chapter shall file a written application therefor with the Administrator at the same time that he or she files his or her preliminary plat. The application shall fully explain the grounds for the variance request, and specify the sections of this chapter which, if strictly applied, would cause great practical difficulties or hardship. This Administrator shall prepare an advisory report on every variance application and submit it, together with the completed application, to the Plan Commission.

   (B)   Review by Plan Commission. The Plan Commission shall review the variance application and the Administrator’s comments, perform on-site review when appropriate, and submit its advisory report to the City Council together with its recommendation on preliminary plat approval. (See § 154.020(B) of this chapter.) The Plan Commission’s advisory report shall be responsive to all the variances standards set forth in division (C) below.

   (C)   Action by City Council, variance standards. At the same meeting at which action is taken on the application for preliminary plat approval (see § 154.020(C) of this chapter), the City Council shall decide by resolution whether to grant or deny the requested subdivision variance. A copy of its decision, clearly stating the reasons therefor and the exact terms of any variance granted, shall be attached to both the preliminary and final plats. The City Council shall not grant any subdivision variance unless, based upon the information presented to them, it determines that:

      (1)   The proposed variance is consistent with the general purposes of this chapter;

      (2)   Strict application of the subdivision requirements (see §§ 154.040 through 154.058 of this chapter) would result in great practical difficulties or hardship to the applicant, not a mere inconvenience;

      (3)   The proposed variance is the minimum deviation from the subdivision requirements that will alleviate the difficulties/hardship;

      (4)   The plight of the applicant is due to peculiar circumstances not of his or her own making;

      (5)   The peculiar circumstances creating the variance request are not applicable to other tracts and, therefore, that a variance would be a more appropriate remedy than a code amendment; and

      (6)   The variance, if granted, will not materially frustrate implementation of the municipal Comprehensive Plan including the Official Map.

(1994 Code, § 154.61) (Ord. 434, passed 4-26-1993)