A. Permitted; Conditions: Where the city council finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances, exceptions and waiver of conditions to these subdivision regulations so that substantial justice may be done and the public interest secured; provided, that the variance, exception or waiver of conditions shall not have the effect of nullifying the intent and purpose of these regulations; and further provided, the city council shall not approve variances, exceptions and waiver of conditions unless it shall make findings based upon the evidence presented to it in each specific case that:
1. The granting of the variance, exception or waiver of conditions will not be detrimental to the public safety, health or welfare or injurious to other property;
2. The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property;
3. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;
4. The relief sought will not in any manner vary the provisions of the zoning ordinance, general plan or official map, except that those documents may be amended in the manner prescribed by law.
B. Granting an exception for an unbuildable lot.
2. Standards for granting an exception:
a. The city council may grant an exception for a lot that does not meet the requirements for a buildable lot only if the lot is unbuildable and is owned by a purchaser who had no knowledge of the illegal creation of the lot.
b. At a minimum, the owner shall submit a notarized affidavit confirming the claim that the current owner had no knowledge and/or involvement with the creation of the illegal lot. The applicant shall also include, in the affidavit, evidence that all reasonable efforts have been exhausted to cause the person or parties that created the lot to participate in completing a legal subdivision making both lots buildable.
c. Upon requesting an exception, the city shall record a Notice of Violation upon each affected lot at the Cache County Recorders Office. The notice shall state that each lot was created illegally and building permits cannot be obtained until all lot(s) comply as a legal lot.
d. The lot requesting the exception shall not be in partial or single ownership by the person(s) or entity that created the lot without gaining subdivision approval from the City of Wellsville.
e. Granting an exception shall be subject to findings of fact that the lot is eligible to be cleared to apply for a subdivision approval shall be substantiated in the record.
3. Clearance to become a buildable lot.
a. The granting of an exception to make the lot buildable shall render the lot available to commence subdivision approval through the provisions of this title.
b. An encumbrance related to the property being illegal or unbuildable shall be removed once the lot has been filed as a final plat with the county recorders office.
c. Lot owner may apply for a building permit upon fulfilling all requirements for a subdivision, including approval and recordation of a final plat, and meeting the requirements for improvements.
4. This exception shall not be available to any lot that is unbuildable because of sensitive lands limitations.
C. Conditions: In approving variances, exceptions or waivers of conditions, the city council may require such conditions as will, in its judgment, secure substantially the purposes described in section 11-1-3 of this chapter.
D. Procedures: A petition for a variance, exception or waiver of conditions shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the city council. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Ord. 2007-05, 5-16-2007; amd. Ord. 2022-03, 3-16-2022)