A. When the subdivider can show that a provision of these regulations, if strictly adhered to, would cause unnecessary hardship, and when in the opinion of the planning commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provisions, the planning commission may recommend a variance or modification to the Wenona city council. The subdivider shall apply, in writing, for such variance or modification of the action. Any variance or modification, thus authorized, shall be attached to and made a part of the final plat.
B. In any instance where the city of Wenona has granted approval of a preliminary plat of subdivision prior to the effective date hereof and where the subdivision design or subdivision improvements as shown on said preliminary plat are less restrictive than the requirements of this title, the subdivider may apply, in writing, to the Wenona city council for permission to proceed with the subdivision as originally planned. The Wenona city council, upon review of the preliminary plat as originally submitted, may then grant such permission. (Ord. 070102C, 7-1-2002)