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The Planning Commission is solely empowered to grant variances to the provisions of this chapter and only under the following circumstances:

(a) The applicant demonstrates that the plan as submitted more effectively accomplishes the goals and objectives of the comprehensive plan than such plan incorporating the provision for which a variance is requested; or

(b) The strict application of any provision would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property; provided, that the variance may be granted without substantial detriment to the public good and without substantially impairing the purpose of this chapter. (Ord. 19218 § 7, 2-3-09. Code 1995 § 48-24.07.)

Cross References:Planning Commission, Chapter 2.225 TMC.