§ 7.01. [GENERALLY.]

The City Planning Commission may recommend to the City Council a variance from the provisions of this ordinance on a finding that undue hardship may result from strict compliance with specific provisions or requirements of the ordinance or that application of such provision or requirement is impractical. The Planning Commission shall only recommend variances that it deems necessary to or desirable for the public interest. In making its findings, as required herein below, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable affect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be recommended unless the Planning Commission finds after a hearing:

A. That there are such special circumstances or conditions affecting said property that the strict application of the provisions of this ordinance would clearly be impractical or unreasonable. In such cases the subdivider shall first state his or her reasons in writing as to the specific provision or requirement involved and submit them to the Planning Commission;

B. That the granting of the specific variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated;

C. That such variance will not violate the provisions of Public Act 288 of 1967, as amended, the State Subdivision Control Act;

D. That such variance will not have the effect of nullifying the interest and purpose of this ordinance and the Comprehensive Development Plan of this city;

E. The Planning Commission shall include its findings and the specific reasons therefor in its report of recommendations to the City Council and shall also record its reasons and actions in its minutes.

The City Council, upon receipt of the recommendation of the Planning Commission, may grant a variance in accordance with the requirements of this section of the ordinance.