(A) General. The City Council shall have the power to vary from the requirements of this chapter when supporting evidence indicates that:
(1) Special conditions applying to the property in question do not apply generally to other property or structures in the district or vicinity in which the land is located and are not the result from the actions of the owner/applicant;
(2) Because of the particular physical surroundings, shape or topographic conditions of the land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(3) That authorizing the variance will not be a substantial detriment to community health, safety or general welfare and will not materially impair the purposes of the subdivision regulations or the public interest;
(4) The proposed variance will not substantially increase congestion of the public streets or increase the danger of fire or endanger the public safety, substantially diminish or impair property values within the vicinity; and
(5) The variance requested is the minimum variance necessary to alleviate the practical difficulty.
(B) Conditions. City Council may grant the variance and impose certain conditions which are directly related to and bear rough proportionality to the impact created by the variance. The variance may not be granted for a use that is not allowed in that particular zoning district, that is inconsistent with the Comprehensive Plan or that is not in harmony with the general purpose and intent of the zoning ordinance and this chapter.
(C) Procedures. An application for a variance shall be filed, in writing with the Zoning Administrator or designee at the time when the preliminary plat is filed for the consideration of the Planning Commission. The petition shall state the grounds for the application and all of the facts relied upon by the application. Notice of the time and place of the public hearing shall be mailed to all parties owning real property within 350 feet of the subject property, the mailing shall be made at least ten days prior to the date of the hearing. The Planning Commission will provide a recommendation to City Council for its review and decision. The Council shall, thereafter, reach its decision within 90 days from the filing of the application.
(Prior Code, § 300.04)