Section 25-20 Variances and exceptions.

    (a) General. Where the commission finds that undue hardships or practical difficulties may result from strict compliance with this chapter, it may recommend and the council may approve variances from this chapter so that substantial justice may be done and the public interest secured, provided that any such variance shall not have the effect of nullifying the intent and purpose of this chapter; and further provided, that the commission shall not recommend variances unless it finds and determines that:

    (1)    The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located;

    (2)    The conditions upon which the request for a variance is based are unique to the property for which the variance is sought, are not applicable generally to other property, and are not self-imposed;

    (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 was carried out; and

    (4)    The variance will not in any manner abrogate the provisions of the comprehensive plan of the city.

    (b) Conditions. In recommending variances and exceptions, the commission may recommend and the council may require such conditions as will, in the judgment of each, secure substantially the objectives of the standards or requirements of this chapter.

    (c) Procedures. A petition for any such variance shall be submitted in writing by the subdivider at the time the preliminary plat is filed for consideration by the commission; provided, when cause is shown, such petition may be considered by the commission at any time thereafter. The petition shall state fully the grounds for the petition and all the facts relied upon by the petitioner.

(Code 1964, § 19.510; Ord. No. 10099, § 1, 3-5-84)