(i) The City Council may approve a waiver to one or more provisions of this
Section 7.3 if it makes an affirmative finding with regard to the following:
(1) That undue hardships will result from strict compliance with one or more provisions of this
Section 7.3;
(2) That the purposes of these regulations may be served to a greater extent by an alternative proposal;
(3) The waiver does not have the effect of nullifying the intent and the purpose of these regulations;
(4) Granting the waiver 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 waiver will not prevent the orderly development or use of other property in the vicinity;
(5) The conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought, and are not applicable generally to other property;
(6) Because of the particular physical surroundings, shape 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; and
(7) An alternate design will generally achieve the same result or intent as the standards and regulations prescribed in this
Section 7.3.
(ii) 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 at which a waiver is considered.
(iii) The City Council may grant a waiver from any provision of this
Section 7.3 when the relief granted is in harmony with the general purpose and intent of this
Section 7.3 and when the safety and welfare of the public will be secured and substantial justice done.
(iv) Financial hardship to the property owner or developer does not constitute undue hardship as defined in subsection (i) above.
In approving a variance, the City Council may require such conditions which, in its judgment, secure substantially the purpose described in
(i) The applicant must submit a petition for a variance in writing by the applicant with the associated development application. If the applicant does not submit a petition in writing, the associated application will not be considered complete (see
section 1.4.2.E Application Considered Complete).
(ii) The petition shall state fully the grounds for the application and the facts relied upon by the petitioner.
(iii) Where a hardship is identified pursuant to this
Section 7.3 which requires issuance of a variance from a provision in this
Section 7.3, the Planning and Zoning Commission may, in its consideration of an associated Plat or other development application it is required to consider, recommend to the City Council a variance from the provision in this
Section 7.3.
(iv) The City Council may grant final approval to a variance from this
Section 7.3 provided that no new information or reasonable alternative plan exists which, at the determination of the City Council, voids the need for a variance.
(v) The City Council’s decision is final.
