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� - Council <br /> Exhibit C <br /> Page 1 of 6 <br /> Existing Code Sections <br /> Sec. 78-100. Subdivisions. <br /> Appeals to the board of appeals and adjustments may be taken by any affected person upon <br /> compliance with any reasonable conditions imposed by the subdivision regulations. The board has the <br /> following powers with respect to the subdivision regulations: <br /> (1) To hear and decide appeals where it is alleged that there is an error in any order, <br /> requirement, decision or determination made by an administrative officer in the <br /> enforcement of chapter 82. . <br /> (2) To hear requests for varying the regulations as they apply to specific properties where <br /> an unusual hardship on the land exists, but variances may be granted only upon the <br /> specific grounds set forth in the subdivision regulations. Unusual hardship includes but is <br /> not limited to inadequate access to direct sunlight for solar energy systems. <br /> (Code 1984, § 10.06(3)(B)(2)) , <br /> Sec. 78-121. When granted. <br /> The council upon application may grant variances from the strict application of the provisions of <br /> this chapter and impose conditions and safeguards in the variances so granted, in cases where there <br /> are practical difficulties or particular hardships in the way of carrying out the strict letter of the <br /> regulations of this chapter and where the variance does not adversely affect the purpose and intent of <br /> this chapter nor the health or welfare of the public. <br /> (Code 1984, § 10.08(1)) <br /> Sec. 78-122. References to board. <br /> Before authorization of any variances by the council, the request shall be referred to the board <br /> of appeals and adjustments for study concerning the effect of the proposed variance upon the <br /> comprehensive municipal plan and on the character and development of the neighborhood; and for its <br /> recommendation to the council for the granting of such variance so as to relieve such difficulties or <br /> hardship to the degree considered reasonable without impairing the intent and purpose of this chapter. <br /> The board of appeals and adjustments shall recommend such conditions related to the variance <br /> regarding the location, character and other features of the proposed building, structure or use as it may <br /> . deem advisable. The council by unanimous action may waive reference to the board. <br /> (Code 1984, § 10.08(2)(A)) • <br /> Sec. 78-123. Issuances. <br /> (a) In considering applications for variance, the council shall consider the advice and <br /> recommendation of the board of appeals and adjtastments and the effect of the proposed <br /> variance upon the health, safety and welfare of the community, existing and anticipated <br /> traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on <br /> values of property in the surrounding area. Before granting a variance, the council shall <br /> hear requests for variances from the literal provisions of this chapter in instances where <br /> their strict enforcement would cause undue hardship because of circumstances unique <br /> to the individual property under consideration, and to grant such variances only when it <br /> is demonstrated that such actions will be in keeping with the spirit and intent of this � <br /> chapter. The parameters within which a variance may be granted are as follows: <br />