The Planning Commission, serving as the Board of Adjustments and Appeals, may approve a variance from the minimum standards of this chapter (not procedural provisions Articles II, III and IV of this chapter) when in its opinion, undue hardship may result from strict compliance. In approving any variance, the Board of Adjustments and Appeals shall prescribe any conditions that it deems necessary or desirable for the public interest. In making its decisions, the Board of Adjustments and Appeals shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be approved when the Board of Adjustments and Appeals finds that:
A.
There are special and highly unique circumstances
or conditions affecting said property which are not common to other
properties in the City and that the strict application of the provisions
of this chapter would deprive the applicant of the reasonable and
minimum use of his or her land.
B.
The granting of the variance will not be detrimental
to the public health, welfare or injurious to other property in the
territory in which property is situated.
C.
The variance is to correct inequities resulting from
an extreme hardship limited to topography, soils or other physical
factors of the land not caused by the applicant.
The procedures for the review and processing of a variance request shall be in compliance with Chapter 29, Planning Commission, as may be amended.
