Where, owing to special conditions, a literal
enforcement of the provisions of this chapter will result in unreasonable
hardship, the governing body may make such reasonable variances thereto
as will not be contrary to the public interest and so that the spirit
of this chapter shall be observed and substantial justice done.
Applications for any variance shall be submitted,
in writing, by the subdivider at the time the preliminary plat is
filed with the Commission. The application shall state fully the grounds
and all the facts relied upon by the applicant.
Whenever a variance is requested by a subdivider
or is deemed necessary by the Commission, the Commission shall submit
the preliminary plat and a copy of its findings to the governing body,
which reserves the right of final approval on any such variance.
In granting any variance, the governing body
shall record its action and the grounds for granting any variance
in its minutes.