A. General Requirements: Where the Planning Commission finds that extraordinary hardships or particular difficulties may result from strict compliance with these regulations, they may recommend to the Village Board of Trustees variations or exceptions to the regulations, provided that such variations or exceptions shall not have the effect of nullifying the intent and purpose of this title; and further provided the Planning Commission shall not recommend variations or exceptions to the regulations of this title unless it shall make findings based upon the evidence presented to it in such specific case that:
1. The granting of the variation will not be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located.
2. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought, 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 the regulations was carried out.
4. Cost to the developer of strict or literal compliance with the regulations shall not be the sole reason for granting a variation or exception.
B. Conditions: In recommending variations and exceptions, the Planning Commission may require such conditions as will, in their judgment, secure substantially the objectives of the standards or requirements of this title.
C. Procedure For A Variation: A petition for any such variation shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Planning Commission. The petition shall fully detail the grounds for the application and all of the facts taken into consideration by the petitioner.
D. Recommendation And Approval: Such variations and exceptions as may be recommended by the Planning Commission shall be forwarded to the Village Board of Trustees in writing, substantiating the recommended variations and/or exceptions. The Village Board of Trustees may approve such variations or exceptions from the requirements of this title in specific cases as listed on the final plat, which in its opinion do not adversely affect the intent and purpose of this title. (Ord. 2015-16, 8-3-2015)