Where the Commission finds that the land involved in a subdivision is of such size or shape, or is subject to such title limitations, or is affected by such topographical conditions, or is to be devoted to such usage, that it is impossible or impracticable in the particular proposal for the developer to fully conform to the mandatory provisions of these Regulations, the Commission may grant a variance from such mandatory provisions as may be reasonable, provided, however, that no such variance shall be granted which impairs the purpose and objectives of these Regulations as set forth in Section 1131.03, and provided, further, that no action shall be taken by the Commission until it shall cause notice of the proposed variance to be sent by registered mail, return receipt requested, to all abutting, adjoining property owners and others considered by the Commission to be affected property owners, and a reasonable time, not less than ten days, shall be allowed for a reply from the property owners before action is taken by the Commission. Such notice shall be sent by to the address of such property owner(s) appearing on the County Auditor's current tax list or the Village Treasurer's current mailing list. The failure of delivery of such notice shall not invalidate the action of the Commission. However, if, due to inadvertence, a property owner to whom notice should have been sent has not been notified and such property owner protests the Commission action, the Commission may reconsider and reverse its prior action provided that the applicant is not prejudiced by the Commission's action.
(Ord. 2433. Passed 6-11-91.)