(a) Where it can be shown in the case of a particular proposed subdivision that strict compliance with the requirements of these regulations would result in extraordinary or undue hardship to the subdivider, or that these conditions would result in retarding the achievement of the objectives of these regulations, then the Planning Commission may vary, modify or waive requirements so that substantial justice may be done and the public interest secured. Any such determination shall be based fundamentally on a finding that unusual topographical or other exceptional conditions not caused by action of the subdivider require such variance, modification or waiver and that the granting thereof will not adversely affect the general public nor have the effect of nullifying the intent of these regulations.
(b) In no case shall any variance, modification or waiver be more than a minimum easing of the requirements; in no case shall it have the effect of reducing the traffic capacity of any major or secondary street, and in no case shall it be in conflict with existing zoning regulations.
(c) In granting variances, modification or waiver the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements so affected.
(d) The subdivider shall submit an application for a variance, modification or waiver in writing to the Planning Commission simultaneously with the preliminary plat for the subdivision. The application shall explain in detail the reasons for and facts supporting the request.
(Ord. 77-55. Passed 9-6-77.)