14-1-13 WAIVER

1. GENERAL. Where the Planning and Zoning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve a waiver to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such waiver shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Planning and Zoning Commission shall not approve variance unless it shall make findings based upon the evidence presented to it in each specific case that: a. The granting of the waiver will not be detrimental to the public safety, health, or welfare or injurious to other property is located; b. The conditions upon which the request for a waiver is based are unique to the property for which the variance is sought and are not applicable generally to other property. c. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out; d. The waiver will not in any manner vary the provisions of the Zoning Ordinance, General Plan, or Official Map. 2. CONDITIONS. In approving waivers, the Planning and Zoning Commission may require such conditions as will, in its judgement, secure substantially the objectives of the standards or requirements of these regulations. 3. PROCEDURES. A petition for any such waiver shall be submitted in writing by the subdivider at the time when the concept plat is filed for the consideration of the Planning and Zoning Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.