Modifications of the partition and subdivision dimension standards can, upon application to the Commission, be approved to alleviate hardships, providing all of the following conditions can be found to exist:
(A) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and as a result from tract property size or shape, topography or other circumstances over which the property owner(s) has had no control since enactment of this chapter;
(B) The modification will be in accord with the purpose of this chapter;
(C) The interests of the public will be preserved, and the action(s) will not set a trend; and
(D) The modification will be the minimum needed to alleviate the hardship and will not result in an undesirable change in area land values or property uses, or be otherwise injurious to other property in the area.
(1) In approving a modification, the Council may require the conditions as determined desirable to insure that the purposes of this chapter will be carried out, and that the modification(s) will be compatible with surrounding area development.
(2) The Council shall deny application for modification(s) if all of the conditions above are not found to exist.
(Ord. 418, passed 3-12-1990; Ord. 481, passed 9-13-2004)