(A) When a subdivider can show that a provision of these regulations would cause unnecessary hardship if strictly adhered to and where, because of some condition peculiar to the site, in the opinion of the Planning and Zoning Commission and/or the City Council a departure may be made without destroying the intent of such provisions, the City Council may authorize a variance. The Council shall consider the nature of the proposed usage of land involved, the existing usage of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of a such variance on traffic conditions and public health, safety, convenience, and welfare of individuals in the vicinity. No variances will be granted unless the Council finds the following:
(1) There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of the chapter would deprive the applicant of the reasonable use of his or her land;
(2) The variances are necessary for the preservation and enjoyment of a substantial property right of the applicant and the granting of the variance will not be detrimental to the public health, safety, or welfare of individuals, or injurious to other properties in the area; and
(3) The granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this chapter.
(B) Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
(C) Any variance thus authorized is required to be entered in writing into the minutes of the Commission and/or the City Council and the reason which justified the departure to be set forth, and such variance must be authorized by affirmative vote of not less than two-thirds of the entire members of the City Council.
(Ord. passed 4-20-2000)