(A) Generally.
(1) The Council may grant a variance from these regulations following a finding that all of the following conditions exist:
(a) There are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
(b) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; or
(c) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.
(2) In making this finding, the Council shall consider the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. In granting a variance as herein provided, the Council shall prescribe only conditions that it deems desirable or necessary to the public interest.
(B) Special application requirements.
(1) Application for any such variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Planning Commission and the Council, stating fully and clearly all facts relied upon by the petitioner, and shall be supplemented with maps, plans, or other additional data which may aid the Planning Commission and Council in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan.
(2) In all cases where applications for variance are submitted for conditional approval along with the preliminary plat, the action on such conditional approval shall issue from the Council. Where a petition for variance is not involved, the Planning Commission may grant conditional approval subject to procedural requirements stated in this chapter.
(2006 Code, § 12.06)