(A) General. Whenever it is found that the land included in a subdivision plat presented for approval is of such size and shape or is subject to, is affected by such topographical location or conditions or is to be devoted to such usage that full conformity to the provisions of this chapter is impossible or impractical, the City Planning Commission may recommend to the City Council by letter of transmittal that the Council authorize variations or conditional exceptions in the final plat so that substantial justice may be done and the public interest secured.
(B) Conditions. In recommending such variations or conditional exceptions, the Commission shall find that all of the following are met:
(1) That there are special circumstances or conditions affecting the property;
(2) That the variation or exception is necessary for reasonable and acceptable development of the property in question;
(3) That the granting of the variation or conditional exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the particular property is situated;
(4) The variation or exception does not adversely affect the Comprehensive Plan;
(5) Where an unusual hardship on the land exists as provided by M.S. § 462.358, Subd. 7, as it may be amended from time to time.
(Ord. 156, passed 1-18-78)