(A) Where the plan commission finds that extra hardships or particular difficulties may result from strict compliance with the development plan regulations under this section or section 5-6-13 or 5-6-14 of this chapter, the plan commission may recommend variations or exceptions to such regulations so that substantial justice may be done and the public interest secured. Such variations or exceptions shall not, however, have the effect of nullifying the intent and purpose of this title. The plan commission shall not recommend variations or exceptions to the development plan regulations unless it shall make findings based upon the evidence presented in each specific case that:
1. 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 the regulations were carried out;
2. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property;
3. The purpose of the variation is not based exclusively upon a desire to increase the economic return from the development of the property;
4. The granting of the variation will not be detrimental to public health, safety or general welfare or injurious to other property or improvements in the neighborhood in which the property is located;
5. The special circumstances or conditions have not resulted from any act of the applicant subsequent to the effective date hereof, whether or not in violation of any portion thereof;
6. The variation granted is the minimum adjustment necessary for the reasonable use of the land; and
7. The aforesaid circumstances or conditions are such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of his land. Mere loss in value shall not justify a variation; there must be deprivation of beneficial use of land.
(B) The plan commission shall submit a report to the board of trustees regarding the basis and justification for any variations recommended. (Ord. 04-01, 2-23-2004)