An access variance grants permission to depart from the standards and requirements of the Access Management Plan based on unique circumstances or existing special conditions.
(a) The request for a variance shall specify, in writing, why the variance is appropriate and necessary and shall document the unique conditions or special circumstances that make it impractical and infeasible to meet the applicable standards and/or requirements of the Access Management Plan. The documentation shall show that the applicant has considered all practical and reasonable alternatives to mitigate the unique conditions or special circumstances, that the alternatives are not feasible or practical, and that, without the variance, the applicant will be deprived of reasonable access.
(b) In considering a request for a variance, the Village shall determine if:
(1) The variance meets minimum applicable State, County, or Village standards including geometric design, operation, and safety elements – and if the variance is shown to be beneficial to the traveling public.
(2) The variance is not detrimental to the public health, safety, and welfare.
(3) The variance does not degrade the planned or intended operation of the roadway system.
(c) A variance approval shall be consistent with the guiding principles of the Access Management Plan.
(d) When a variance is granted, the documentation of the reason(s) for approving the variance shall be included in the records and files pertaining to the permit.
(e) When an applicant objects to the denial of a variance request, the applicant may file an appeal within thirty days of the notice of the denial of the variance. The written appeal shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the applicant.
(f) Within thirty days of the filing of an appeal, the Village shall determine whether the denial of the variance is justified. The applicant shall be notified of the final decision. (Ord. 04-05. Passed 3-2-05.)