I <br />) <br />13.150Lane Code13.150 <br />MODIFICATIONS, APPEALS AND PENALTIES <br />Modification of Standards and Requirements.13.150 <br />Concurrently with submitting a partition or(l) Application. <br />The request shall include statements relating to <br />(2) Consideration of Application.The request for a modifi- <br />If, from the evidence submitted, it is determined necessaryapplication. <br />Notification of final action <br />C <br />and competent that the circumstances specified above have been shown to <br />exist, the modification referred to in the application may be granted to <br />such extent and on such terms and conditions as may be considered proper <br />subdivision tentative plan, a partition map, or subdivision plat appli­ <br />cation to the Planning Division or at any time during the consideration <br />of the application, an applicant may submit a request for a modification <br />to the design and development standards or to the application require- <br />cation shall be reviewed and acted upon in the same manner as the parti­ <br />tion or subdivision tentative plan, partition map, or subdivision plat <br />ments of this Chapter, <br />the following: <br />on a modification request shall be included with the required notifica­ <br />tion relating to action on a division application, and is final unless <br />appealed in the same manner as a division appeal. <br />(a) The exact provision sought to be modified. <br />(b) Verification that the provision, if strictly applied, <br />would cause unique and unnecessary hardship to the applicant <br />in dividing the subject area. <br />(c) Statement of fact showing that the modification of <br />such provision would not be contrary to the purpose of this <br />Chapter for the reason that: <br />(i) where the requested modification is for any pro­ <br />vision relating to the design and development standards, <br />unusual topographic conditions or the previous layout or <br />development of the partition or subdivision area or neigh­ <br />boring area reasonably requires such modification and <br />such modification will not be substantially injurious to <br />the best use and value of property in the neighboring <br />area; and <br />(ii) where the requested modification is for any <br />provision relating to tentative plan, map, or plat appli­ <br />cation requirements, the purpose of such provision may be <br />fulfilled without a strict adherence to the provision <br />thereof, and the interest of the public in efficient <br />transaction of public business will best be served by <br />such modification. <br />in accordance with the purpose of this Chapter. Any approval of a modi- <br />fication request is also contingent upon approval of the tentative plan,] <br />map, or plat application. <br />(3) Notification of Applicant.