A. Reasons for Variations: When the Plan Commission, in interpreting this Title, finds that extraordinary hardship or injustice will result from strict compliance with this Title, it may vary the terms thereof to the extent deemed necessary and proper to grant relief, provided that the modification is due to physical features of the site; is the least deviation from this Title which will mitigate the hardship; is not detrimental to the public interest, and in keeping with the general spirit and intent of the Title.
B. Application for Variance: Application for any modification shall be made in writing by the subdivider at the time the preliminary plat is filed for consideration, stating fully and clearly all facts relied upon by the petitioner; and shall be supplemented with maps, plans, or other additional data which may aid the Plan Commission in the analysis of the proposed project. The plans for any development shall include such covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan. Once the terms of any modification have been agreed upon, the review of the subdivision shall proceed as set forth in this Title. (Ord. 90-03, 7-25-90)
C. Granting Variances: Whenever the Plan Commission has approved or disapproved the granting of a variance as provided in this Section, the proposed variance and a full statement of the reasons for approval or disapproval of the variance shall be reported in writing to the Village Board along with the recommendations of the Plan Commission for approving or disapproving the proposed plat as required in Chapter 2 of this Title. The Village Board shall consider the proposed variance along with the recommendations of the Plan Commission. The Village Board shall not approve any variance except by a two-thirds (2/3) vote of the Village Board in quorum. (Ord. 90-19, 11-28-90)