§ 16.5. Variance.

The planning and zoning commission may consider a request for a variance from the subdivision ordinance of the city and forward a recommendation to the city council for its review. The decision of the city council on a request for a variance shall be final. In considering a variance request the planning and zoning commission and the city council shall consider whether or not the evidence presented in each specific case is sufficient to show that:

(a)

The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;

(b)

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

(c)

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 compliance with the subdivision ordinance is required;

(d)

The special or peculiar conditions upon which the request is based did not result from or were not created by the act or omission of the owner or any prior owner, subsequent to the date of creation of the requirement from which the variance is sought.

(e)

Fees: Applicants requesting a variance from the subdivision ordinance shall file an application with the planning department. Fees charged shall be in accordance with a schedule of fees as adopted by the city council and amended from time to time.

(Ord. No. 98-1053, § 3, 8-3-1998; Ord. No. 99-1132, § 2, 8-2-1999)