(a) The Village of Franklin may authorize a variance from these engineering design standards when it determines that undue hardship may result from strict compliance. In granting any variance, the Board of Zoning Appeals shall prescribe other conditions that it deems necessary or desirable for the public interest. No variance shall be granted unless the Village of Franklin finds that:
(1) There are special circumstances or conditions affecting the subdivision or project improvement such that a strict application of the provisions of this chapter would deprive the applicant of reasonable use of his property.
(2) The variance is necessary for the preservation and enjoyment of the substantial property right of the applicant.
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated.
(b) An application for any such variance shall be submitted in writing by the proprietor at the time the preliminary plans are submitted, stating fully and clearly all facts relied upon by the proprietor, and shall be supplemented with maps, plans or other additional data which may aid in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions as are necessary to guarantee the full achievement of the plans.
(Ord. 96-87. Passed 5-13-96.)