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Whenever it is found that the land included in a proposed subdivision presented for approval is of such size or shape or is subject to, or is affected by, such topographical location or conditions, or is to be devoted to such usage, that full conformity to the provisions of this division is impossible or is impractical, the Planning Commission may authorize certain design variances which in its determination and findings will not adversely affect the subject property, other properties nearby or the public interest. In consideration of such variance, the Planning Commission shall make a finding that:

(a) There are special circumstances or conditions affecting the property.

(b) The variances are necessary for the reasonable and compatible development of the subject property.

(c) The granting of the variances will not be detrimental to the public interest or other properties in the vicinity and will effect substantial justice and promote the general welfare.

The findings and conclusions of the Planning Commission shall be entered into the record, and the variances shall be noted on the plat of subdivision. (Code 1981 § 41-4. Code 1995 § 134-4.)

Cross References:Planning Commission, Chapter 2.225 TMC.