1105.08 VARIANCE.
   Where the Planning Commission finds 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 to these Regulations so that substantial justice may be done and the public interest secured, provided such variance shall not have the effect of nullifying the intent and purpose of these Regulations; and, further provided that the Planning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
   (a)   The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;
   (b)   The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
   (c)   Because of the particular physical surroundings, shape or topographic 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 are carried out; and,
   (d)   The variances will not in any manner vary the provisions of the Zoning Ordinance, comprehensive plans, or other applicable guidelines and requirements of these Regulations.
(Ord. 2002-25. Passed 4-8-03.)