16.04.030 – Variances

The Plan Commission may recommend and the City Council may approve variances from the requirements of Chapter 16.08, “Subdivision Standards and Specifications” when the Plan Commission finds that there is compliance with the following standards:

1. The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;
2. Because of the shape, topography, or other physical conditions of the proposed subdivision or its surroundings, a) a hardship or practical difficulty would be caused by strict compliance with these requirements, and/or b) the purposes of these requirements would be served to a greater extent by an alternative design;
3. The conditions upon which the variance request is based are unique to the proposed subdivision and are not generally applicable to other property;
4. The variance granted is the minimum adjustment necessary for the reasonable use of the land;
5. The Director of Community Development has determined that the proposed variance, while not specifically complying with this Title, follows sound engineering practices.