§ 154.070 VARIANCES.
   (A)   The Village Planning Commission may grant variances from the strict application of these regulations in specific cases where unusual topographical or other exceptional conditions require the modification and where such strict application would result in practical difficulty or unnecessary hardship that would unreasonably deprive the owner of the reasonable use of the land involved or place unreasonable restrictions or requirements upon the owner's intended subdivision when the same would not be detrimental to the public interest and would not impair the intent of these regulations, the desirable development of the neighborhood or community, the comprehensive plan or the applicable zoning ordinances; provided, however, that a mere financial hardship shall not be sufficient to establish a hardship hereunder for the granting of a variance.
   (B)   In granting any variance, the Village Planning Commission shall prescribe any conditions that it deems to be necessary or desirable as will, in its sole judgment, secure substantially the objective of the standards or requirements so varied or modified.
   (C)   No variance in the strict application of any provision of these regulations shall be granted, however, except upon written application and hearing following a resolution specifically setting forth the finding of special circumstances giving rise to the variance, together with any conditions found necessary or desirable by the Village Planning Commission. Further, no such variance shall be granted unless the Village Planning Commission finds:
      (1)   That there are unusual topographical or other exceptional conditions fully described in the findings applying to the proposed subdivision for which the variance is sought.
      (2)   That for the reasons set forth in the findings, the granting of the variance is necessary to avoid practical difficulties or unnecessary hardship that would unreasonably deprive the owner of the reasonable use of the land or place unreasonable restrictions or requirements upon the owner's intended subdivision, that the variance as granted by the Village Planning Commission is the minimum variance that will accomplish the purpose.
      (3)   That the granting of the variance will be in harmony with and not impair the general intent and purpose of these regulations and not be detrimental to the public interest or contrary to the desirable development of the neighborhood or community.
      (4)   The Village Planning Commission shall consider all factors including, but not limited to, the physical condition of the land, the complexity of and number of parcels involved in the proposed subdivision; effect on adjacent property, neighborhood, and community; the likelihood of involvement with future subdivision or requests therefor, the presence or absence of public or private streets; the necessity of easements of access and the description, size, maintenance, and control thereof including whether or not such easement of access can be used for the benefit of any other land, acceptability of conditions to avoid future conflict with these regulations; the preparation of such survey, drawings, and descriptions as may be required by the Village Planning Commission; and the unusual and nonrepetitive nature of the condition sought to be remedied through the requested variance.
   (D)   Requests for variance will be submitted in writing to the Village Planning Commission on forms prescribed for that purpose. Each application shall refer to the provisions of these regulations to which a variance is sought and the grounds upon which it should be granted. The allowance or disallowance of the variance request shall be by resolution in the manner set forth above. The Village Planning Commission may require that reference to such resolution be contained on any deed or instrument of conveyance arising out of the transaction for which the variance was sought.
(Ord. 17-96, § 500.6, passed 4-15-1996)
Cross-reference:
   For the application for a subdivision variance form, see Appendix I at the end of this chapter