(A) A subdivider may request a variance of the requirements of this title. Application for a variance shall be made in wiring and submitted with the location and sketch maps unless the need is not then evident. Variance applications shall clearly state the provisions to be varied and the reasons why the variance is needed. In all cases, variance requests shall be made no later than the time the preliminary plan is reviewed by the Planning Committee.
(B) If, as a result of changes imposed by the Planning Committee at its preliminary plan review meeting, the subdivider desires a variance, it may be requested orally at that meeting.
(C) The Planning Committee shall recommend approval or disapproval of the requested variance by the Village Board. Along with its recommendation the Planning Committee shall transmit findings to the Village Board as to whether the requested variance complies with the following requirements:
(1) The intent of this title is maintained;
(2) Extraordinary circumstances of topography, land ownership, adjacent development, or other circumstances not provided for in the ordinance exist;
(3) The extraordinary circumstances will result in a hardship, not merely an inconvenience;
(4) The circumstances upon which the request for variance is based are not common to most other tracts of land;
(5) The circumstances upon which the request for variance is based are not the result of the subdivided affirmative act or failure to act; and
(6) The purpose of a variation is not based exclusively on the desire to eliminate development costs at the expense of the public improvement standards as outlined in this title.
(D) When the Village Board considers the preliminary plan it shall consider the requested variance. The Village Board may, if it finds that the requirements of division (C) above are met, approve the plan with the requested variation; or it may require conditions to the variation if it believes the conditions are in the public interest; or it may in its discretion deny the variation and insist on the literal application of this title.
(Ord. 04-09, passed 9-21-2004)