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When necessary, the planning commission may authorize variances to the requirements of this title. Application for a variance shall be made by petition of the subdivider or partitioner, stating fully the grounds for the variance. The petition shall be filed with the preliminary map of the subdivision or partition. Before a variance may be granted, the planning commission shall first determine:

(1) That there are special conditions affecting the property that are not common to all property in the area.

(2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner and extraordinary hardship would result from strict compliance with these regulations because of the special circumstances or conditions affecting the property.

(3) That the variance complies with the spirit and intent of these regulations and will not be detrimental to the public health, safety, or welfare or injurious to other property in the vicinity. (Ord. 1947 § 1, 2005; Ord. 1758 § 7, 1990; Ord. 1175 § 31, 1961)