Chapter 17.28 — SUBDIVISIONS—VARIANCES

Subject to confirmation by the board, the commission may authorize conditional variance from these regulations when in its opinion undue hardship may result from strict compliance. In granting any variance, the commission shall prescribe only conditions that it deems necessary to or desirable for the public interest and which have a direct relation to the granting of the variance. In making its findings, as required hereinbelow, the commission shall take into account the nature of the proposed use of the land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the conditions in the vicinity. A variance shall be granted only when the commission finds:

A.

That there are special and unique circumstances or conditions affecting the property such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of his land. Special circumstances may include, but shall not be limited to: Unusual shape or limited size of original parcel, extreme topography, unusual drainage problems or design difficulties created by the pattern of existing recorded subdivisions of contiguous properties;

B.

That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

C.

That the granting of the variance will not be detrimental to the public welfare or injurious to other property in that territory in which the property is situated, and will not alter the essential character of the neighborhood.

(Ord. 74-446 Art. II § 38, 1974.)

Subject to the confirmation by the board, the commission may authorize temporary variances from the requirements of this title, subject to conditions which shall assure, as a matter of law, full compliance with the requirements of this title within a reasonable period of time. Such conditions may include, but shall not be limited to: Irrevocable offers of dedication of road right-of-way, the posting of bonds to assure compliance with any provisions of this title, and the conditions that the applicant and his successors in title shall limit or abstain from requesting certain further actions of the county that he might otherwise be entitled to with respect to the property.

(Ord. 74-446 Art. II § 39, 1974.)