§ 34-6. Variances and modifications.

(a)

General. Where the commission finds that unreasonable hardships or difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured; provided that the variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:

(1)

The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;

(2)

The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;

(3)

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 is carried out;

(4)

The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan or Studies, except that those documents may be amended in the manner prescribed by law; and

(5)

The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner's action or omission.

(b)

Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the city council. Waiver of developmental exactions shall be approved by the city council.

(c)

Conditions. In approving variances, the commission may require such conditions as will, in its judgment, secure substantially the purposes described in section 34-2.

(d)

Procedures. The applicant shall submit a petition for a variance in writing no less than two weeks prior to the time when the conveyance plat, development plat, preliminary plat or final plat is to be considered by the commission. The petition shall state fully the grounds for the variance and all of the facts relied upon by the petitioner.

(Ord. No. 94-150, § I, 8-16-94)