A. The city council may grant a variance to the strict application of the terms, standards and/or criteria found in this title. Such variance shall be reduced to writing and shall outline specifically the provision or provision of this title which is subject to the variance, the precise relief granted (whether it be a complete waiver of the provision(s) or the imposition of a modified requirement) and any conditions which may be attached to the granting (and possible revocation) of such variance. A variance shall only be granted upon a finding, by the council, that:
1. Strict application of the particular provision or provisions in this title create a hardship by reason of unusual lot size, shape or topography, or where a building has been erected in an unconventional manner or location, or where some other unusual physical feature exists; and
2. The variance, if granted, conforms to the spirit of these regulations and that substantial justice will be done; and
3. The variance, if granted, would be the minimum necessary to alleviate the hardship.
B. A notice of a public hearing before the city council shall be given by publication in a legal newspaper having general circulation within the city and by mailing a notice to all owners of property within a three hundred foot (300') radius of the proposed variance. A copy of the published notice may be mailed to the owners of property in lieu of a written notice; however, the notice by publication and written notice shall take place at least ten (10) days prior to the hearing. The notice shall contain:
1. The street address or approximate location of the requested variance.
2. The nature of the variance requested.
3. The date, time and place of the hearing. (Ord. 1147, 2015)