§ 42-9. Variances.

(a)

Where the city council finds that extraordinary hardships or practical difficulties may result from strict compliance with this chapter or any regulations adopted in compliance with this chapter, or that public interest may be best served by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured provided that such variances shall not have the effect of nullifying the general intent and purpose of these regulations. In approving variances, the city council may impose such conditions as will, in its judgment, substantially secure the objectives of these regulations.

(b)

An application for a variance shall be submitted in writing by the applicant at the time when the preliminary plat or final plat is filed for consideration by the planning and zoning commission. The application shall state fully the grounds for the application and all of the facts relied upon by the applicant.

(c)

The planning and zoning commission shall not propose a variance unless they are special circumstances or conditions influencing the subdivision involved.

(d)

In the recommendation of a variance, the planning and zoning commission shall set out the conditions that it finds necessary or advantageous to the public interest in proposing such variances that will not have the effect of nullifying the intent and purpose of these regulations. Financial hardship to the applicant shall not be deemed sufficient reason to constitute the recommendation of a variance.

(e)

In granting a variance, the council shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings herein below required, the council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the council finds that all of the following conditions exist:

(1)

That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land;

(2)

That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;

(3)

That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and

(4)

That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. Such findings of the council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the council meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.

(f)

The planning and zoning commission, in the recommendation of a variance to the city council, shall submit to them a letter containing all the specific facts and pertinent data upon which such a variance has been based, and such documents shall be entered into the official minutes of the council meeting. Such results as determined by the city council, after considering the material submitted by the planning and zoning commission, shall be final.

(Code 1994, ch. 9, art. 9; Ord. No. 248, exh. A(art. 9), 3-24-1997)