The "variation" process is intended to provide limited relief from the requirements of this title in those cases where strict application of those requirements will create a practical difficulty or particular hardship prohibiting the use of land in a manner otherwise allowed under this title. It is not intended that variations be granted merely to remove inconveniences or financial burdens that the requirements of this title may impose on property owners in general. Rather, it is intended to provide relief where the requirements of this title render the land difficult to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variation is requested. In no event, however, shall the village grant a variation which would allow the establishment of a use which is not otherwise allowed in a zoning district or which would change the zoning district classification of any or all of the affected property. (Ord. 2004-14, 6-21-2004)
A. Application For Variation, Notice Of Hearing: An application for a variation may be made by the owner of the subject property relating to the variation or legal representative thereof. Said application shall be filed with the zoning administrator who shall process and forward such application to the planning and zoning board for consideration in accordance with applicable statutes of the state.
No variations shall be recommended by the planning and zoning board except after a public hearing before said board, of which there shall be a notice of time and place of the hearing published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers with a general circulation within the village. This notice shall contain the particular location for which the variation is requested as well as a brief statement of what the proposed variation consists.
In addition, not less than fifteen (15) days, nor more than thirty (30) days before the public hearing, the applicant shall serve written notice, either in person or by registered mail, return receipt requested, on the owners of all property, as recorded in the office of the Cook County recorder of deeds and as appears from the authentic tax records within two hundred fifty feet (250') in each direction of the location for which the variation is requested; provided, the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the two hundred fifty foot (250') requirement. The applicant shall furnish, at the public hearing, a written statement certifying that he has complied with the requirements of this subsection. Attached to the written statement shall be a list of property owners notified in accordance with the above.
The planning and zoning board shall review the facts of the case and testimony presented at the hearing and upon completion of the review, shall thereafter submit a report of its findings and recommendations to the village board of trustees within thirty (30) days of the completed public hearing. (Ord. 2007-10, 4-16-2007)
B. Decisions By Planning And Zoning Board: All decisions of the planning and zoning board on variations arrived at after the hearing shall require a majority vote of all members and such decisions shall be final. However, an appeal may be taken to the village board by any person or by any office, department, board, bureau or commission aggrieved by the planning and zoning board's decision on a variation request. Such an appeal shall be filed with the village clerk who shall forward such appeal to the village board for final action.
C. Standards For Granting Variances:
1. The planning and zoning board shall not vary the provisions of this title as authorized in this chapter unless it shall have made findings based upon the evidence presented to it in the following specific cases:
a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located.
b. The plight of the owner is due to unique circumstances.
c. The variation, if granted, will not alter the essential character of the locality.
2. For the purpose of supplementing the above standards, the planning and zoning board, in making this determination whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
a. The particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out.
b. The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification.
c. The purpose of the variation is not based exclusively upon a desire to make more money out of the property.
d. The alleged difficulty or hardship has not been created by any person presently having an interest in the property.
e. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
f. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.
3. The planning and zoning board may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this subsection C to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this title.
D. Authorized Variances: Variations from the regulations of this title may be decided by the planning and zoning board only in accordance with the standards set forth in this subsection and only in the following instances:
1. To permit a yard less than the yard required by the applicable regulations.
2. To permit the use of a lot not of record on the effective date hereof for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than ninety percent (90%) of the required lot area.
3. To permit the same off street parking spaces to qualify as required spaces for two (2) or more uses; provided, that the maximum use of such facility by each user does not take place during the same hours or on the same days of the week.
4. To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served.
5. To allow any permitted, nonresidential use in a residence district to exceed the floor area ratio imposed by the applicable regulation.
6. To allow other variances from these regulations when the planning and zoning board determines it is in the best interests of the village and the factors of this section are met.
E. Revocation: In any case where a variation has been granted, and where no work pertinent thereto has been initiated within one year from the date of approval of the requested variation, then without further action by the village, said variation shall become null and void. (Ord. 2004-14, 6-21-2004)