§ 9-1. General.

Where the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations. An application for a variance shall be submitted in writing by the applicant at the time the Preliminary Plat is filed for the consideration of the Planning Commission. The application shall state fully the grounds for the variance and all of the facts relied upon by the applicant. The variance, if approved by the Planning Commission, shall become part of the official record of the Planning Commission and shall be noted on the Final Plat. The Planning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:

(1)

The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;

(2)

The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not acceptable generally to other property;

(3)

Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out;

(4)

The variance will not in any manner vary the provisions of other adopted policies and regulations of the City of Atmore or the Planning Commission.