(A)
The Planning Commission shall review the application for variation and the Code Administrator’s comments, and submit its advisory report to the City Council, together with its recommendation on preliminary plat approval.
(B) The Planning Commission’s advisory report shall be responsive to all of the following variance standards:
(1) The proposed variation is consistent with the general purposes of this chapter;
(2) Strict application of the subdivision design and improvement requirements 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 engendering the variation request are not applicable to other tracts and, therefore, that a variation would be a more appropriate remedy than an amendment; and
(6) The variation, if granted, will not substantially impair implementation of the Comprehensive Plan, including the Future Land Use Plan.
(Ord. 2009-21, § 18.5-4-39, passed 10-5-2009; Ord. 2017-09, passed 5-1-2017)