[Ord. No. 2634 §10, 3-12-1992]
A.
When
a subdivider can show that a provision of this Chapter would cause
unnecessary hardship if strictly adhered to and when, in the opinion
of the Commission, because of topographical or other conditions peculiar
to the site, a departure may be made without destroying the intent
of such provision, the Commission may recommend a variance or modification
to the Board of Aldermen. The subdivider shall apply in writing for
such variance or modification. Any variance thus recommended shall
be entered in writing in the minutes of the Commission and the reasoning
on which the departure was authorized by the Board of Aldermen shall
be made by resolution and a copy thereof shall be attached to and
made a part of the final plan.
B.
No
variance shall be granted unless the Commission finds that no detriment
will be caused to the public welfare and no damage will be caused
to other public property in the area in which the property for which
the variance is requested is situated and that the variance will not
substantially impair the intent and purpose of this Chapter.
C.
Group Developments. The Commission may approve a comprehensive
group development, including residential neighborhood units, cluster
developments and condominium types, if it finds that the variations
from these regulations will not adversely affect the health, welfare,
safety and convenience of the individuals occupying said development.
