16.12.010: APPROVAL; REQUIRED FINDINGS:
Where the president and board of trustees find that extraordinary hardships or practical difficulties may result from strict compliance with this title and/or the purposes of this title may be served to greater extent by an alternative proposal, it may approve variances to this title so that substantial justice may be done and the public interest secured; provided, that such variances shall not have the effect of nullifying the intent and purpose of this title; and further provided, the president and board of trustees shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
   A.   The plight of the owner is due to unique circumstances and the proposed variation will not merely serve as a convenience to the petitioner, but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations of this title were carried out and which particular hardship or practical difficulty is not generally applicable to other property within the same zoning district. The loss of lots, or a reduction in the size or number of buildings that will fit on a lot, in and of themselves is not a hardship.
   B.   The alleged hardship has not been created by any person presently having a proprietary interest in the subject property.
   C.   The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood.
   D.   The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire, or endanger the public safety.
   E.   The proposed variation will not alter the essential character or appearance of that neighborhood.
   F.   The proposed variation is in harmony with the spirit and intent of this title.
   G.   The variances will not in any manner vary the provisions of the zoning ordinance, official comprehensive plan, or official map of the village. (Ord. 2004-O-14 § 1)