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The commission may authorize a variance from these regulations when in its opinion undue hardship will result from requiring strict compliance. In granting a variance, the commission shall prescribe only conditions that it deems necessary or desirable to the public interest and making the findings hereinbelow required. The commission shall take into account the nature of the proposed use of land involved and existing uses of the land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variances upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance will be granted unless the commission finds: (A) That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this ordinance would result in unnecessary hardship to the applicant. (B) That the variances are necessary for the preservation and enjoyment of a substantial property right of the applicant, that the granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area. (C) That the granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this ordinance. Such finding of the commission together with the specific facts on which such findings are based shall be incorporated under the official minutes of the commission meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this ordinance so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship. (D) The commission may not authorize a variance that would constitute a violation of any other valid ordinance of the City of Duncanville. |