A. Application For Variance: Any subdivider/developer desiring a variance from the requirements of this title shall file a written application therefor with the building and zoning administrator at the same time that he files his preliminary plat. The application shall fully explain the grounds for the variance request, and specify the sections of this title which, if strictly applied, would cause great practical difficulties or hardship.
B. Advisory Report: The building and zoning administrator shall prepare an advisory report on every variance application and submit it, together with the completed application, to the planning and zoning commission.
C. Review By Planning And Zoning Commission: The planning and zoning commission shall review the variance application and the building and zoning administrator's comments, perform on site review when appropriate, and submit their advisory report as part of the staff report submitted to the village board of trustees together with their recommendation on preliminary plat approval. The planning and zoning commission's advisory report shall be responsive to all the variance standards set forth in subsection D of this section.
D. Action By Board Of Trustees; Variance Standards: At the same meeting at which they take action on the application for preliminary plat approval, the board of trustees shall decide by resolution whether to grant or deny the requested subdivision variance. A copy of their decision, clearly stating their reasons therefor and the exact terms of any variance granted, shall be attached to both the preliminary and final plats. The board of trustees shall not grant any subdivision variance unless, based upon the information presented to them, they determine that:
1. The proposed variance is consistent with the general purposes of these regulations; and
2. Strict application of the subdivision requirements would result in great practical difficulties or hardship to the applicant, not a mere inconvenience; and
3. The proposed variance is the minimum deviation from the subdivision requirements that will alleviate the difficulties/hardship; and
4. The plight of the applicant is due to peculiar circumstances not of his own making; and
5. The peculiar circumstances engendering the variance request are not applicable to other tracts, and a variance would be a more appropriate remedy than an ordinance amendment; and
6. The variance, if granted, will not materially interfere with implementation of the Glen Carbon comprehensive plan including the official map.
E. Conditions Of Variance: In approving variances, exceptions, or waivers of conditions, the Board of Trustees may require such conditions as will, in its judgment, secure substantially the purposes described in section 11-1-3 of this chapter. (Ord. 2012-11, 3-13-2012)