The Township Planning Commission may recommend to the Township Board a variance from the provisions of this chapter on a finding that undue hardship may result from strict compliance with specific provisions or requirements of this chapter or that application of such provision or requirement is impracticable. The Planning Commission shall only recommend variances it deems necessary to or desirable for the public interest. In making its findings, as required herein below, the Planning Commission shall take into account unusual topography, other physical conditions, or other conditions which are not self-inflicted, the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Planning Commission finds after a public hearing:
(A) That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would clearly be impracticable or unreasonable. In such cases the subdivider shall first state his or her reasons in writing as to the specific provision or requirement involved and submit them to the Planning Commission.
(B) That the variance will not violate the provisions of the Subdivision Act.
(C) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated.
(D) That the variance will not have the effect of nullifying the spirit and purpose of this chapter or the Master Plan of the township.
(E) The Planning Commission shall include its findings and the specific reasons therefor in its report of recommendations to the Township Board and shall also record its reasons and actions in its minutes.
(Ord. 98-02, passed 4-20-1998)