§ 1.9. Application for Variances to the Subdivision Regulations.

a.

Application for a Variance. The applicant, agent or owner of the property who has submitted an application subject to these regulations may petition the City Council for a variance to any standard of this Subdivision Ordinance or the imposition of a condition related thereto, where the petitioner alleges that unreasonable hardships will result from strict compliance with such standard or condition.

b.

Procedures. A petition for a variance shall be submitted in writing to the Municipal Development Director by the petitioner at the time the complete subdivision application is filed for consideration by the City. The petition shall state fully the grounds for the variance, and all of the facts relied upon by the petitioner. The City staff shall prepare a report evaluating the request for a variance, and shall make its recommendation to the Planning and Zoning Commission. The Commission shall make its recommendation and the City Council shall finally act upon the petition for a variance in conjunction with the action taken by each on the subdivision application.

c.

Criteria for Approval. The City Council, considering recommendations by the Commission, may grant the variance to the standard or condition only upon finding that:

1.

Granting the variance will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the variance will not prevent the orderly subdivision of other property in the vicinity;

2.

The conditions upon which the request for a variance is based are unique to the property for which the waiver/suspension is sought, and are not applicable generally to other property;

3.

Because of the particular physical surroundings, shape and/or topographical conditions of the specific property involved, a particular hardship to the property owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;

4.

The variance will not in any manner vary the provisions of the Zoning Ordinance or Comprehensive Plan or any other adopted plan(s) or ordinance(s) of the City;

5.

An alternate design is not feasible, will not achieve the same result, relieve the hardship, or meet the intent of the standards and regulations prescribed herein.

Such findings of the City Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the City Council meeting at which a variance is considered. A variance from any provision of this Ordinance may be granted only when in harmony with the general purpose and intent of this Ordinance so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the property owner or developer, standing alone, shall not be deemed to constitute undue hardship.