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Where it can be shown, in the case of a particular proposed subdivision, that strict compliance with the requirements of these Regulations would result in extraordinary or undue hardship to the applicant or the developer, or that these conditions would result in retarding the achievement of the objectives of these Regulations, the Planning Commission may waive, vary or modify the requirements so that the subdivision is in conformance with all applicable regulations and standards, and the public interest is secured. Any such determination shall be based fundamentally on a finding that:
(a) The granting of the variance, exception or waiver of conditions will not be detrimental to the public safety, health or welfare and is not injurious to other property;
(b) The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property;
(c) 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
(d) The relief sought will not, in any manner, vary the provisions of the Zoning Code, the Comprehensive Plan or the Official Zoning Map, except that those documents may be amended in the manner prescribed by law.
In no case shall any variance, modification or waiver be more than a minimum easing of the requirements, and in no case shall it be in conflict with the existing zoning regulations of the City of Elyria, Ohio.
In granting variances, modifications or waivers, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of these Regulations so affected.
The developer shall submit an application for a variance, modification or waiver, in writing, to the Planning Commission simultaneously with that of the preliminary subdivision plan. The application shall explain in detail the reasons for any facts supporting the request. Any modifications granted shall be entered, in writing, into the minutes of the Planning Commission meeting.
(Ord. 97-297. Passed 12-15-97.)