(A) A planning and subdivision variance is a modification of the specific requirements of the subdivision and site development ordinance granted for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties similarly located and zoned. Only in specific instances where the application of the strict letter of the regulations of the Planning and Subdivision create practical difficulties or particular hardship for the owner, lessee, or occupant of land, buildings, or other structures, shall a planning and subdivision variance be considered.
(B) The Planning and Zoning Commission may recommend variations from the requirements of this chapter in specific cases which, in its opinion, do not affect the general plan or the intent of this chapter.
(1) Requirements or standards for seeking a variance. A variance will be approved by the Village Board upon recommendations by the Planning and Zoning Commission only when it is determined that, in each specific case, the evidence presented will support the following conclusions:
(a) If related to a required street improvement, state how the potential future volume or type of traffic affecting the property in question warrants a variation from this title.
(b) State how the topographic or soil conditions of the property in question warrants a variation from this title.
(c) State how the strict application of any provision of this title would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of property abutting upon an existing or proposed street.
(d) Indicate how the property in question cannot yield a reasonable return if permitted to be used only under the terms of this title, and where the plight of the owner is due to unique circumstances, and where the variation, if granted, would not alter the essential character of the area.
(e) State why proposed construction materials, different from those enumerated herein and not approved by the Village Engineer, warrant a variation from this title.
(2) Approval process. In order to have a variance request considered, an application for the variance must be filed with the Zoning Administrator along with a current plat of survey of the subject site, the required legal documentation as outlined in the application and the appropriate filing fee. The Planning and Zoning Commission shall review the application and determine if the standards for variance, outlined above, have been met. The Planning and Zoning Commission's finding of facts and recommendation will then be forwarded to the Village Board for final action.
(3) The Village Board may approve variations from the requirements in specific cases which in its opinion do not adversely affect the general plan or the intent of this chapter.
(Ord. 1996-01, passed 2-13-1996; Am. Ord. 2007-15, passed 7-10-2007; Am. Ord. 2021-03, passed 3-9-2021)