Plymouth Municipal Code Ch. 16.30 Deviation from Requirements

It is realized that there are certain parcels of land of such dimension, so affected by physical conditions that it is impossible for the subdivider to conform to all of the requirements of this title when subdividing property. The City Council may grant variances from the requirements of this title, when all of the following conditions are found to apply:

A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict literal application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity.

B. That under the circumstances of this particular case, the granting of a variance rather than the strict application of the sections at issue in this title, actually carries out the spirit and intent of this title and the Map Act.

C. The subdivider has paid when due all City fees related to the subdivision.

D. The variance would not result in a violation of the Map Act.

E. The subdivider's map or application has not expired.

F. The variance requested relates directly to the hardship suffered.

G. The granting of the variance would not impose an undue hardship on adjoining properties.

(Ord. 2006-03 § 2)