A. Purpose: The Commission may recommend to the County Commissioners, as a result of unique circumstances such as topographic-physical limitations or a planned unit development, a variance from the provisions of this Title on a finding that undue hardship results from the strict compliance with specific provisions or requirements of this Title or that application of such provision or requirement is impracticable.
B. Findings: No variance shall be favorably acted upon by the County Commissioners, unless there is a finding, upon recommendation by the Commission, as a result of a public hearing, that all of the following exist:
1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons, in writing, as to the specific provision or requirement involved.
2. That strict compliance with the requirements of this Title would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self-inflicted or that these conditions would result in inhibiting the achievement of the objectives of this Title.
3. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated.
4. That such variance will not violate the provisions of the Idaho Code, as amended.
5. That such variance will not have the effect of nullifying the interest and purpose of this Title and the Comprehensive Development Plan. (Ord. 6, 4-9-79)