A.

The city commission may authorize a variance from these regulations, except that no variance may be granted from section 11.40.00. It may vary the regulations so that substantial justice may be done, provided that such variance will not have the effect of nullifying the intent and purpose of the comprehensive plan. In granting any variance, the city commission shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its findings, the city commission shall take into account, among other things, recommendations of the plat review committee, the nature of the proposed use of the land and the existing use of the land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the city commission finds, among other things, that all three of the following conditions exist in regard to the land concerned:

1.

There are special circumstances or conditions affecting the property and 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 applicant.

3.

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

(Ord. No. 3788, § 39, 8-5-2013)