§ 78-44. Permitted variances.

(a)

Grant. Where the commission finds that extraordinary hardships may result from strict compliance with the provisions of this article, it may vary such provisions so that substantial justice may be done and the public interest secured; provided, however, that such variation will not have the affect of nullifying the intent and purpose of the comprehensive plan or this article. No variances shall be granted unless the commission finds that:

(1)

There are special circumstances or conditions affecting the property such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of his land.

(2)

The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

(3)

The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.

(b)

Large scale development. The standards and requirements of this article may be modified by the commission in the case of a plan and program for a complete community, or a neighborhood unit, which in the judgment of the commission provide adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also provide such covenants or other legal provisions as will ensure conformity to and achievement of the plan.

(c)

Application for neighborhood variances. Application for any such variance shall be submitted in writing by the proprietor at the time when the preliminary plat is filed for the consideration of the commission, stating fully and clearly all facts relied upon by the petitioner, and shall be supplemented with maps, plans or other additional data which may aid the commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.

(d)

Conditions for granting. In granting variances and modifications, the commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.

(Code 1980, § 4-830)