(A) General. The Board may grant a variance from the provisions of this chapter on a finding that undue hardship may result from strict compliance with specific provisions or requirements of this chapter. The Board shall only grant variances that it deems necessary because of an undue hardship or that it finds desirable from the standpoint of public interest. In making its findings, as required below, the Board shall take into account the nature of the proposed use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effects of the proposed subdivision upon conditions in the vicinity. No variance shall be granted unless the Board finds that:
(1) There are such special circumstances or conditions affecting the proposed subdivision such that strict application of the provisions of this chapter would clearly be impractical or undesirable to the general public or that strict application would be unreasonable or cause undue hardship to the applicant requesting the variance. In such cases, the subdivider shall first state his/her reasons in writing for a variance from the specific provision or requirement involved and submit the statement to the Board;
(2) The granting of a specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the proposed subdivision is located;
(3) Such variance will be in accord with the intent and purpose of this chapter and of the Comprehensive Plan of the city; and
(4) The Board shall note its findings and the specific reasons for its action on the request for a variance, and shall also record its action in the form of a resolution.
(B) Public improvements relief. The Board may grant relief from the provisions requiring the installation of any required public improvements where, in its best judgment, such installation shall be impractical or undesirable to the general public or when other circumstances warrant relief. Application for any relief shall be submitted in writing by the subdivider at the time the preliminary plat is submitted to the Board. The application shall state fully the reasons for requesting relief (See § 8.08.100(A)(3)).
(C) Planned unit developments. The subdivider may request a variance from the specified portions of this chapter in the case of a planned unit development. Application for any such variance shall be made in writing by the subdivider at the time the preliminary plat is submitted to the Board. The application for variance shall be supplemented with maps, plans, or other data which may aid the Board in the analysis of the proposed project.
(Ord. No. 2001-04, passed 5-8-01; Am. Ord. 2005-09, passed 4-26-05)