The acting body in an action relative to a matter before it may authorize conditional exceptions to any of the requirements and regulations relative to the design of a subdivision.

(1) Application for any such exemption shall be made by a verified petition of the subdivider or designated agent, stating fully the grounds of the application and the facts relied upon by the petitioner. In order for the property referred to in the petition to come within the provisions of this section, the hearing body must find that all of the following facts apply with respect to the subject property:

(a) That there are special circumstances or conditions of topography or size or shape or location affecting the property;

(b) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.

(2) Appeals. All determinations of the advisory agency may be appealed to the city council. (Ord. No. 1305, (part).)