9-6-3: VARIANCES:

   A.   Purpose: The commission may recommend to the city council a variance from the provisions of this title on a finding that undue hardship results from the strict compliance with specific provisions or requirements hereof or that application of such provisions or requirements is impracticable.

   B.   Standards For Variances: No variance shall be favorably acted upon by the city council unless there is a finding, upon recommendation by the commission, as a result of a public hearing, that all of the following exist:

      1.   There are such special circumstances or conditions affecting the property that the strict application of the provisions of this title would clearly be impracticable or unreasonable. In such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved.

      2.   Strict compliance with the requirements of this title would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this title.

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

      4.   Such variance will not violate the provisions of the Idaho Code.

      5.   Such variance will not have the effect of nullifying the interest and purpose of this title and the comprehensive plan. (Ord. 566, 5-15-2007)