Proposed subdivisions shall comply with the requirements of this chapter and all other applicable requirements of the Village, the County and the State. In the event that unusual hardships or unique circumstances exist that make compliance with this chapter impractical or impossible, the applicant shall use the following procedure to request a variance from the strict enforcement of these Regulations:
(a) Prior to final approval of the preliminary plat, the applicant shall state his or her request for a variance in writing. The written request shall be submitted to the office of the Village Clerk not less than fourteen days prior to a scheduled meeting of the Planning Commission. The written request shall be accompanied by such reasonable fee as the Village Council may establish to defray the costs of review by Village representatives. The Village Clerk shall transmit a properly prepared variance request to the Planning Commission.
(b) After receipt of a variance request, the request shall be placed on the agenda of the Planning Commission for the next regularly scheduled meeting. The Commission shall schedule a public hearing on the request. Notice of the hearing shall be provided to all owners of record of real property located within 1,000 feet of the proposed subdivision site boundaries. The notices shall be delivered personally or by mail not less than five days before the date set for the hearing.
(c) The Planning Commission shall submit to the Village Council its findings on the existence of any extraordinary hardships, practical difficulties or unique circumstances that will result from the strict enforcement of these Subdivision Regulations. If the Planning Commission finds the requested variance will not compromise the public interest or the intent of this chapter, the Commission may recommend to the Village Council approval of a variance from these Regulations. The Planning Commission may recommend conditions to the variance consistent with the objectives of these Regulations.
(d) The Village Council may grant a variance if it finds that:
(1) The variance will not be detrimental to the public health, safety and general welfare, nor injurious to other property.
(2) The conditions underlying the variance request are unique to the property and are not generally applicable to other property.
(3) Due to particular physical characteristics, the shape or topographical conditions of the property, a particular hardship to the owner, as distinguished from inconvenience or monetary loss, will result if these Regulations are enforced.
(4) The variance will not violate the requirements of the Zoning Code, the Master Plan, the Subdivision Control Act or any other applicable law or regulation.
(e) In approving a variance, the Village Council may impose conditions to the variance consistent with the objectives of these Regulations.
(f) If the variance request is denied, any further appeal shall be in accordance with the procedures set forth in the Zoning Code.
(Ord. 95-26. Passed 2-13-95.)