(a) Any person believing that the use and development standards of these regulations would result in practical difficulties may file an application for a variance. The application shall first be submitted to the Planning Commission for its recommendation and then to the Village Council for final decision. The Village Council shall have the power to authorize, in specific cases, such variances from the standards of these regulations as will not be contrary to the public interest as determined by Council where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in practical difficulties.
(1) Application for a Variance and Appeal. The application process for variances to these regulations and the procedure for appeal will follow the application procedures for zoning variances set forth in Section 1262.02 of the Village ordinances.
(2) Additional Conditions of Variances Specific to this Section. Along with the standards for granting a variance, Planning Commission and Council shall also consider whether granting a variance impairs flood control, erosion control, water quality protection, or other functions of the riparian setback. Council may also consider whether a property, otherwise buildable under the ordinances of the Village, will b e made unbuildable or less desirable due to this regulation.
(3) Applications for variances or appeals under this section shall not be resubmitted within one year of the date of a final decision by the Planning Commission unless the applicant shows either of the following:
A. Newly discovered evidence that could not have been presented with the original submission, or
B. Evidence of a substantial change in circumstances since the time of the original submission.
(b) A decision by Council in response to an application for a variance request or an appeal of an administrative decision filed pursuant to this regulation shall be final.
(Ord. 2007-12. Passed 8-15-07; Ord. 2009-19. Passed 11-23-09.)