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(A) If a subdivision is proposed for a parcel of land or other corporal real property that is characterized by unique and unusual topography; parcel configuration or dimensions; adjacency of highly irregular land ownership patterns; or other unique and unusual conditions that grievously affect a developer’s ability to do a subdivision that fully complies with this Code; and the strict application of this Code’s design standards for subdivision improvements would result in substantial hardships or injustices that are not self-created by the developer or to have been created by a prior subdivision that created the subject parcel of real property without giving due consideration to the requirements of this Code, the City Council may approve a variance or exception from the design standards of this Code.
(B) Any such variance or exception shall be limited to the minimum relief that is necessary for a subdivision that creates lots for reasonable development of the real property, while at the same time fully protecting and preserving the public welfare, health and safety and property values.
(C) Any such variance or exception shall be allowed only if the City Council finds the variance or exception to be consistent with the spirit and intent of this Code and other city codes and regulations, and in accordance with the Comprehensive Plan. This section shall not be construed to empower the City Council to grant variances from the Zoning Code, or from any other Code unless the Council is expressly enabled by such other code or other provisions of law.
(D) The request for such variance or exception shall be filed with the Department of Community Development prior to or concurrently with the filing of a preliminary plat. The request shall be reviewed by the Community Development and Engineering Departments, and a joint recommendation made to the Planning and Zoning Commission as part of the staff report for action on the preliminary plat, or in similar manner if filed separately from the plat.
(E) The Commission shall act on the request concurrently with the preliminary plat or in like manner, and the Commission and staff recommendations shall be forwarded to the City Council for consideration and action concurrently with the preliminary plat or in like manner.
(Title VII, Ch. 3, § 1.11)