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The City Council is authorized to waive strict compliance with this chapter in specific individual instances where the developer can show with clear, cogent and convincing evidence that:

A. The financial burden required to comply would greatly outweigh the benefits and would create an unreasonable hardship upon the developer; or

B. The units have been offered for sale as condominium units prior to the effective date of the ordinance codified in this chapter and the developer has incurred significant financial obligations with the intention of meeting such obligations with the proceeds of the sale of such units, and the provisions of this chapter will prevent meeting such obligation. (Ord. 858 § 5.3, 1979).