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VARIANCE CRITERIA
The Subdivision Regulations Section 5-A state that "The Commission may
authorize a variance from the regulations when, in their opinion, undue
hardship will result from requiring strict compliance. In granting a variance,
the Commission shall prescribe only conditions that it deems not prejudicial to
the public interest. In making the findings hereinbefore required, the
Commission shall take into account the nature of the proposed use of the
land involved, the existing used of the land in the vicinity, the number of
persons who will reside or work in the proposed subdivision, the possibility
that a nuisance will be created, and the probable effect of such variance upon
traffic conditions and upon public health, convenience, and welfare of the
vicinity. No variance may be granted unless the Commission finds:
5-A.1 That there are special circumstances or conditions affecting the
land involved such that strict application of the provisions of this
chapter will deprive the applicant of the reasonable use of his land;
5-A.2 That the variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant;
5-A.3 That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or injurious to other property in the area,
or to the City in administering this chapter; and
5-A.4 That the granting of the variance will not have the effect of
preventing the orderly subdivision of other land in the area in
accordance with the provisions of this chapter."