18.06.010 Application.

The planning commission may recommend that the city council authorize conditional exceptions to any of the requirements and regulations set forth in this title where the size, shape, topography, ownership patterns and title restrictions impose practical difficulties upon the subdivider that conformance with the provisions of this title results in an unreasonable hardship. Application for any such exception shall state fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the parcel map or tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission and/or city council shall find the following facts with respect thereto:

(A) That there are special circumstances or conditions affecting said property that results in an unusual hardship to the subdivider if strict adherence to the standards of this title is required.

(B) That the exception(s) is (are) necessary for the preservation and enjoyment of a substantial property right of the subdivider.

(C) That the granting of the exception(s) will not be detrimental to the public welfare or injurious to other property in the vicinity in which said property is situated.