(A) When the subdivider can show that a provision of this title, if strictly adhered to, would cause unnecessary hardship, and when in the opinion of the plan commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provisions, the plan commission may recommend a variance or modification to the city council. The subdivider must apply in writing for such variance or modification of the action. Any variance or modification thus authorized must be attached to and made a part of the final plat.
(B) In any instance where the city has granted approval of a preliminary plat of subdivision prior to the effective date specified in section 14-1-2 of this title and where the subdivision design or subdivision improvements as shown on such preliminary plat are less restrictive than the requirements of this title, the subdivider may apply in writing to the city council for permission to proceed with subdivision as originally planned. The city council, upon review of the preliminary plat as originally submitted, may then grant such permission. (Ord. 1379, 6-9-2008)