§ 150.269 VARIANCES.
   (A)   All requests for variances must be submitted in writing to the City Council. The City Council may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In making the findings herein required, the City Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience, and the welfare in the vicinity. No variance shall be recommended unless the City Council finds:
      (1)   That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land;
      (2)   That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
      (3)   That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area;
      (4)   That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provision of this Code; and
      (5)   That the variance request is of such a minor nature that the spirit and intent of this Code is not to be violated.
   (B)   Such findings of the City Council together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the City Council meeting at which such variance is recommended. Variances may be recommended only when in harmony with the general purposes and intent of this chapter so that the public health, safety, and welfare may be secured and substantial justice done. Pecuniary hardships to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
   (C)   No variance of the lot dimensional requirements shall be granted by the City Council except after a public hearing wherein notice is given to owners of real property within 500 feet of the boundaries of the subject property.
   (D)   Where such conditions are found, the variance permitted shall be the minimum departure from the terms of this subchapter necessary to avoid such deprivation of privileges enjoyed by such other property to facilitate a reasonable use, and which will not create significant probabilities of harmful environmental consequences. The City Council may not grant a variance if it would provide the applicant with any special privileges not enjoyed by other similarly situated property with the similarly timed development, or if based on a special or unique condition which was created as a result of the method by which a person voluntarily subdivides land after the effective date of this subchapter.
   (E)   Any application for a variance shall be accompanied by the fees set by the City Council by ordinance or resolution.