§ 105-48. Standards of authorization to be followed.

The city council may authorize a variance, as set forth below, from these regulations when, based upon the following standards, strict compliance would not serve the purposes and spirit of this article. In granting any variance, the city council may prescribe conditions that it deems necessary to or desirable for the public interest. In considering the standards, as required below, the city council 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 effect of the proposed subdivision upon traffic conditions in the vicinity. Before granting any variance set forth below, the city council, after a public hearing, shall consider the following standards:

(1)

Whether there are special circumstances or conditions affecting said property such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of his land. In such cases, the applicant shall submit his/her reasons in writing to the city council as to the specific provision or requirement involved.

(2)

Whether the variance is necessary for the preservation and enjoyment of a property right of the petitioner.

(3)

Whether the granting of the variance will be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.

(4)

Whether the granting of the variance will violate the provisions of the Land Division Act (MCL 560.101 et seq.).

(5)

The extent to which, if any, the granting of the variance will have any adverse effect, such as, but not limited to, generally nullifying the intent and purpose of this article and the master plan of the city.

(6)

The extent to which, if any, the basis of the request is self-created by the applicant or the prior owners of the premises.

(Ord. No. 266, § 7.1, 10-10-1995)