(A) Where the Plan Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances or modifications to these subdivision regulations so substantial justice may be done.
(B) The Plan Commission shall not approve variances or permit modifications unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of the variance or modification will not be detrimental to the public safety, health or welfare or injurious to other property;
(2) The conditions upon which the request for modification or variance is based are unique to the property 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 is carried out; and
(4) The variance or modifications will not in any manner vary the provisions of Chapter 152, comprehensive plan or official zoning map.
(C) A petition for any variance or modification shall be submitted in writing by the subdivider at the time the preliminary plat is filed for the consideration of the Plan Commission. The application shall indicate the specific section of this chapter under which the variance or modification is sought and state fully the grounds for the application and all the facts relied upon by the petitioner. After due consideration, the Commission shall render a decision which shall be:
(1) Recorded in the minutes of the Commission, which minutes shall include the reasoning on which the variance or modification was approved or disapproved; and
(2) Transmitted to the subdivider in written form and to applicable governmental units.
(Ord. 83-003, passed 4-12-1983)