§ 7. Variations and exceptions.

Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties or substantial hardship or injustice, the city council, after report by the commission, may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so that, at the time, the public welfare and interests of the city are protected and the general intent and spirit of these regulations are preserved.

A request for a variance may be granted upon consideration of all the following factors:

a.

The cause of the condition for which the variance is requested. The conditions are unique to the property and are not generally applicable to other properties and are not self-imposed;

b.

A finding of no significant impact due to the variance on the rights of adjacent property owners;

c.

The severity of the hardship or injustice borne by the applicant, as opposed to a mere inconvenience;

d.

A finding of no significant impact due to the variance on the public health, safety, order, convenience, prosperity and general welfare; and

e.

The consistency of the variance with the general spirit and intent of these subdivision regulations and the city's comprehensive plan.

(Ord. No. 4059, § 7, 8-16-07)