(A) Where the Plan Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that the variances shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Plan Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of the variance will not be detrimental to the public safety, health, or welfare, or injurious to other property.
(2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property.
(3) 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 these regulations are carried out. Financial hardship does not constitute grounds for a variance.
(4) The variance will not in any manner vary the provisions of the zoning code, comprehensive plan, or thoroughfare or major street plan.
(5) Where the variance impacts on design and construction of public facilities, all appropriate public agencies will be given ample time to comment in writing to the Commission.
(B) In approving variances, the Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
(C) A petition for any variance shall be submitted in writing by the subdivider at the time when the sketch plat is filed for the consideration of the Plan Director. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(D) It is not within the jurisdiction of the Board of Zoning Appeals to grant variances to these regulations.
(Ord. 29-1984, passed 8-14-84) Penalty, see § 152.99